Ordered that the judgment is affirmed, with costs.
The plaintiff in his complaint alleged, inter alia, that the three defendants assaulted him, causing him to fall forward onto his face, and that they conspired to injure him. The case proceeded to trial before a jury. At the close of the plaintiff's evidence, the court granted the defendants' motion to dismiss the complaint for failure to make out a prima facie case.
It is well settled that on a motion...
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