97 A.D.2d 753 | N.Y. App. Div. | 1983
In a negligence action to recover damages for personal injuries, etc., plaintiffs appeal from a judgment of the Supreme Court, Kings County (Jordan, J.), entered January 28, 1983, which dismissed their complaint as against defendant Steinway Trucking, Inc., at the close of plaintiffs’ case. Judgment reversed, on the law, and new trial granted as against defendant Stein way Trucking, Inc., with costs to abide the event. In reviewing the dismissal of plaintiffs’ complaint at the close of their case, this court is required (as was the trial court) to view the evidence adduced in the light most favorable to plaintiffs, and all questions as to a particular witness’