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CONT'L CAS. CO. v. VAN DEVENTER

277 A.D. 553 (1950)

Continental Casualty Company, Appellant, v. William F. Van Deventer et al., Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

December 19, 1950.

Attorney(s) appearing for the Case

Arthur R. Hohmann for appellant.

Charles H. Birdsall for respondents.

GLENNON, J. P., COHN, CALLAHAN and SHIENTAG, JJ., concur; DORE, J., dissents and votes to affirm.

Per Curiam.

The complaint was dismissed on the merits at the close of plaintiff's case. Plaintiff is, therefore, entitled to every favorable inference which may be drawn from the evidence. "The facts must be viewed in the aspect most favorable to the plaintiff and every permissible inference from those facts in favor of plaintiff must be indulged" (Meiselman v. Crown Heights Hosp., 285 N.Y. 389, 392). (See, also, African Metals Corp. v. Bullowa

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