GRIZZANTO v. GOLUB CORP.


188 A.D.2d 1015 (1992)

Joseph A. Grizzanto, Appellant-Respondent, v. Golub Corporation, Doing Business as Price Chopper Supermarkets, Respondent-Appellant. (Appeal No. 1.)

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

December 30, 1992


Judgment unanimously reversed on the law with costs to plaintiff and new trial granted.

Memorandum:

Supreme Court erroneously granted defendant's motion for a directed verdict. A motion to dismiss a complaint at the close of the plaintiff's case should not be granted unless it is clear that there is no rational basis whereby the jury might find in favor of the plaintiff (see, Rhabb v New York City Hous...

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