TAYLOR v. T & G CONCRETE PUMPING SERV. CO., INC.


221 A.D.2d 946 (1995)

633 N.Y.S.2d 906

Patricia A. Taylor, Individually and as Administratrix of The Estate of Franklin S. Taylor, Deceased, Plaintiff, v. T & G Concrete Pumping Service Co., Inc., Defendant and Third-Party Plaintiff-Appellant. R. P. Myers, Inc., Third-Party Defendant-Respondent

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

November 15, 1995


Judgment unanimously reversed on the law with costs, motion denied and third-party complaint reinstated.

Memorandum:

Supreme Court should have denied the motion of third-party defendant to dismiss the third-party complaint. A complaint should not be dismissed at the close of the proof unless the evidence, viewed in the light most favorable to plaintiff and given the benefit of all inferences that may be drawn therefrom, does not provide any rational basis...

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