Payless Discount Centers, Inc. v. 25-29 North Broadway Corp.

In an action to recover for damages to property, plaintiff appeals from a judgment of the Supreme Court, Westchester County (Rubenfeld, J.), entered September 11, 1980, which is in favor of the defendant and against plaintiff, upon the trial court’s granting of defendant’s motion to dismiss the complaint, at the close of the plaintiff’s case, at a jury trial limited to the issue of liability only. Judgment reversed, on the law, motion to dismiss denied, and new trial granted as to all parties and causes, with costs to abide the event. Plaintiff, Payless Discount Centers, Inc., leased a store…