Judgment unanimously reversed on the law with costs and new trial granted.
Memorandum:
Plaintiff contends on appeal that Supreme Court erred in finding, prior to the close of his proof, that he had abandoned his claim. We agree. The record does not support that finding.
Furthermore, the court erred in removing the credibility issue from the purview of the jury. The question of plaintiff's credibility must be viewed in a light most favorable to the...
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