50 Misc. 535 | N.Y. App. Term. | 1906
The plaintiff was the only witness sworn in her own behalf. At the close of the plaintiff’s testimony the defendant moved for a dismissal of the- complaint, which was denied. The defendant then rested and immediately moved for judgment in its favor, which was granted. Upon this appeal by the plaintiff, the defendant makes no claim that the plaintiff’s testimony did not show
Davis and Clinch, JJ., concur.
Judgment reversed and new trial ordered, with costs to appellant to abide event.