Judgment reversed, on the law, and new trial granted, with costs to abide the event.
Upon a defendant's motion to dismiss at the close of the plaintiff's case, the plaintiff is entitled to the most favorable inferences which may be drawn from the evidence (see 8 Carmody-Wait 2d, NY Prac, § 59:17). Applying this rule to the evidence herein, and taking particular note of the written statement made by defendant's manager five days after the accident, we hold that...
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