LANGERT v. CITY OF NEW YORK


21 A.D.2d 780 (1964)

William Langert, Appellant, v. City of New York, Respondent

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

June 25, 1964


Judgment unanimously reversed upon the law and upon the facts, and a new trial ordered, with costs to abide the event.

It is no longer necessary or fitting to cite authority for the proposition that when an action is dismissed at the close of plaintiff's case plaintiff is entitled to the best construction of the evidence that the testimony will warrant. Applying that test, there was testimony that at the point where plaintiff sought to cross the roadway there were...

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