Giglio v. Haber

In an action to recover damages for personal injury, the plaintiff appeals from a judgment of the Supreme Court, Queens County, entered February 18, 1963 after a jury trial, in favor of the defendants, dismissing the complaint at the close of plaintiff’s evidence for failure of proof. Judgment modified on the law and in the exercise of discretion by adding a provision to the effect that the dismissal of the complaint against all the defendants is without prejudice. As so modified, the judgment is affirmed, without costs. The findings of fact below are affirmed. The record discloses that, at…