W v. B


17 Misc.2d 432 (1958)

Joseph L. W----, Appellant, v. Rose G. B---- et al., Respondents.

Supreme Court, Appellate Term, Second Department.

December 23, 1958.


Attorney(s) appearing for the Case

Simonson & O'Brien (Edward T. O'Brien of counsel), for appellant.

Hyman Finkelson for respondents.

PETTE and HART, JJ., concur.


JAMES S. BROWN, J.

Plaintiff appeals from a judgment in defendants' favor entered upon a nonsuit directed at the close of the plaintiff's case. Since the judgment was so directed it is elementary that upon this appeal the evidence adduced by the plaintiff must be considered in the light most favorable to him and that he be accorded the benefit of every favorable inference which could be drawn therefrom (Philpot...

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