JAMES v. HOLDER


34 A.D.2d 632 (1970)

Markes James, Individually, and as Administrator of The Estate of Gladys James, Deceased, Appellant, v. Oliver Holder, Defendant, and City of New York, Respondent

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

April 16, 1970


Judgment entered upon a dismissal by the trial court of a wrongful death action against defendant City of New York, unanimously reversed, on the law and in the interests of justice, with costs and disbursements to abide the event, and new trial granted. In dismissing the complaint at the close of plaintiff's evidence on a jury trial, the court acted contrary to the well-recognized rule that, upon a motion then made, all the fair and reasonable inferences that can be adduced...

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