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Applying the rule that on a motion for nonsuit plaintiffs are entitled to the benefit of the most favorable inferences that may be drawn from their proof, we find that it was error to dismiss the complaint herein. Judgment unanimously reversed
*736 and a new trial ordered, with costs to the appellants to abide the event.
Document Info
Citation Numbers: 269 A.D. 735, 54 N.Y.S.2d 396, 1945 N.Y. App. Div. LEXIS 3505
Filed Date: 4/6/1945
Precedential Status: Precedential
Modified Date: 10/28/2024