Judgment affirmed with costs.
Doerr and Lawton, JJ. (dissenting).
We disagree with the majority's conclusion that the trial court properly directed a verdict against defendant. A motion for a directed verdict may be granted only if the court determines "that by no rational process could the trier of facts base a finding in favor of the defendant upon the evidence * * * presented" (Blum v Fresh Grown Preserve Corp., 292 N.Y. 241, 245). Further, the court...
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