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POLLOCK v. HOLSA CORP.

98 A.D.2d 265 (1984)

Herbert L. Pollock, Appellant, v. Holsa Corp. et al., Doing Business as Skyline Motor Inn, Respondents

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

January 5, 1984

Attorney(s) appearing for the Case

Paul G. Burns of counsel (Judah Gribetz and John L. Altieri, Jr., with him on the brief; Mudge, Rose, Guthrie, Alexander & Ferdon, attorneys), for respondents.

Bob Graubard of counsel (Jay J. Gurfein, P. C., attorney), for appellant.

ROSS, CARRO, FEIN and KASSAL, JJ., concur.

MURPHY, P. J.

The first cause of action was dismissed by the trial court at the close of plaintiff's case. Upon such a motion, plaintiff was entitled to the most favorable inferences to be drawn from his proof. (Brisette v New York City Tr. Auth., 45 A.D.2d 960, mot to amend or reargue den 46 A.D.2d 686.) At trial, plaintiff testified that, at about 3:30 A.M. on May 5,

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