FLICK v. TOWN OF STEUBEN


199 A.D.2d 970 (1993)

605 N.Y.S.2d 602

Arlene Flick, Appellant, v. Town of Steuben, Respondent

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

December 29, 1993


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...

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