Judgment reversed, on the law, and new trial granted, with costs to abide the event.
At the conclusion of plaintiff's case, the Trial Judge dismissed the complaint on the ground that plaintiff had failed to make out a prima facie case of employment of plaintiff by defendant as his broker (CPLR 4401). The court resolved issues of the credibility of the witnesses against the plaintiff. On a motion to dismiss under CPLR 4401, the court should not undertake to weigh the...
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