Tolley v. Dogleg Realty Co.

In a negligence action to recover damages for personal injuries, plaintiff appeals from a judgment of the Supreme Court, Nassau County (Pantano, J.), entered March 18, 1981, which is in favor of defendants and against him upon the trial court’s dismissal of the complaint as against both defendants at the close of plaintiff’s case, at a jury trial. (We deem plaintiff’s notice of appeal to be a premature notice of appeal from the judgment.) Judgment reversed, on the law, and new trial granted, with costs to abide the event. Plaintiff testified that he fell on a patch of ice on the sidewalk…