Flatau v. Fairchild Camera & Instrument Corp.

In a negligence action to recover damages for personal injuries, plaintiff appeals from a judgment of the Supreme Court, Queens County, entered April 8, 1971, in favor of defendant, upon the trial court’s dismissal of the complaint at the close of plaintiff’s case at a jury trial limited to the issue of liability. Judgment reversed, on the law, and new trial granted, with costs to abide the event. The appeal did not present questions of fact. In our opinion, it was error to dismiss the complaint in the absence of proof *991that defendant had secured compensation insurance covering plaintiff's…