Paul P. Jungjohann v. Hotel Buffalo
NY.42257; 173 N.Y.S.2d 340; 5 A.D.2d 496 (1958)
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[5 A.D.2d 496 Page 497] The plaintiff appealed from a judgment which dismissed his complaint in an action for personal injuries, upon a motion for
non-suit made at the close of the plaintiff's case. We think that the granting of the non-suit and dismissal of the complaint
was error and that the plaintiff had made out a prima facie case of negligence under the doctrine of res ipsa loquitur.