BREESE v. HERTZ CORP.


25 A.D.2d 621 (1966)

Beverly Breese, Appellant, v. Hertz Corporation et al., Respondents

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

March 8, 1966


Judgment, dismissing plaintiff's complaint, directed at the close of the entire case, unanimously reversed, on the law, with $50 costs and disbursements to abide the event, and action remanded for new trial.

It was improper for the trial court to direct a judgment for defendant on the ground, as stated by him, that he "would be compelled to set aside the jury's verdict to the contrary on the basis of the evidence which is before me". "The standard is not whether a...

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