Ordered that the judgment is reversed, on the facts, with costs, and the matter is remitted to the Supreme Court, Kings County, for the entry of an appropriate judgment in favor of the plaintiff and against the defendant.
In reviewing the dismissal of the plaintiff's complaint, this court is required to view the evidence in the light most favorable to the plaintiff, giving the plaintiff the benefit of all inferences which may reasonably be drawn therefrom, and resolve...
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