Order unanimously reversed on the law with costs, motion denied, complaint reinstated and new trial granted.
Memorandum:
Supreme Court erred in dismissing plaintiff's complaint at the close of the proof on the ground that she failed to prove that the pile of material on defendant's property contained salt. A motion to dismiss a complaint at the close of the proof must be denied unless there is no rational basis on which a jury could find for the plaintiff...
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.