Judgment unanimously reversed on the law and the facts and a new trial ordered, with costs to abide the event.
The dismissal of the complaint herein was based upon the direction of a verdict in favor of defendant. This may only be done where the trial court finds "that by no rational process could the trier of the facts base a finding in favor of the [party moved against] upon the evidence * * * presented." (Blum v. Fresh Grown Preserve Corp., 292 N.Y. 241...
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