Smyth v. Convey's Garage, Inc. , 269 A.D. 839 ( 1945 )

Giving plaintiff, as we must, the benefit of the most favorable inferences that may be drawn from the proof, we find that a prima facie case was established, and it was error to grant the motion for nonsuit. Judgment unanimously reversed and a new trial ordered, with costs to the appellant to abide the event. Present — Martin, P. J., Townley, Glennon, Cohn and Callahan, JJ.; Martin, P. J. and Glennon, J., dissent: On the entire record, the Justice at trial term properly dismissed the complaint.