Appellate Division of the Supreme Court of the State of New York July 2, 1920 (Berlin Construction Co. v. Hoops)

Greenbaum, J.:

Upon the first trial of this action the court dismissed the complaint at the close of the entire case. The judgment entered upon the dismissal was reversed upon appeal by a divided court. (185 App. Div. 277.) This court held that “ the evidence clearly required the submission of the case to the jury.