Judgment unanimously reversed on the law and on the facts and new trial granted, with $50 costs to appellant to abide the event.
The complaint was improperly dismissed at the close of plaintiff's case "for lack of proof sufficient in the law." Such proof, inconclusive as it may have been, was adequate to survive defendants' motion that they were entitled to judgment as a matter of law (CPLR 4401). (Cf. McCarthy v. City of New York, 96 N.Y.S.2d 910, affd. 273...
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