Opinion
May 8, 1942.
Appeal from Supreme Court, New York county.
Present — Martin, P.J., Townley, Glennon, Cohn and Callahan, JJ.
While the plaintiff's proof did not support its entire claim and the testimony was not without contradiction, we find that, applying the rule which requires the most favorable inferences to be drawn in its favor, plaintiff, prima facie at least, established the right to part of the relief sought. Under the circumstances, it was error to dismiss the complaint.
The judgment should be reversed and a new trial ordered, with costs to the appellant to abide the event.
Judgment unanimously reversed and a new trial ordered, with costs to the appellant to abide the event.