We cannot agree with the trial court's conclusion that plaintiff has failed to prove a prima facie case. The standard to be applied allows dismissal only if the jury by no rational process could have returned a verdict in favor of plaintiff based on the evidence presented (Blum v Fresh Grown Preserve Corp., 292 N.Y. 241). While the evidence supports the defendants' position that it paid its employees from the hour or the half hour, the evidence also supports plaintiff...
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