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HOLMBERG v. DONOHUE

24 A.D.2d 569 (1965)

Janet Holmberg, Respondent, v. Edward J. Donohue et al., Appellants

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

July 6, 1965

Judgment reversed on the law and facts, and a new trial granted, with costs to abide the event.

In our opinion, the trial court erred in directing a verdict sua sponte in plaintiff's favor at the close of the entire case. The court was required to take the view of the evidence most favorable to the defendants, and, from the evidence and inferences reasonably to be drawn therefrom, to determine whether under the law...

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