Judgment unanimously reversed on the law and facts and a new trial granted, with costs to abide the event.
Memorandum:
At the conclusion of all the evidence on the trial of the issue of whether defendant Majka was the operator of an alleged "hit and run" vehicle which collided with a motorcycle operated by plaintiff, the court dismissed the complaint as a matter of law upon the ground that plaintiff had not positively identified Majka. We find that this was...
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