Ordered that the judgment is reversed, on the law, with costs, the defendant's motion is denied, the complaint is reinstated, and the case is remitted to the Supreme Court, Kings County, for trial.
Motions to dismiss made after a plaintiff's opening statement are disfavored and should be granted only where the defendant establishes either that (1) the complaint does not state a cause of action, (2) the cause of action is conclusively defeated by an admitted defense...
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