Sullivan's of Liberty, Inc. v. Burroughs Corp.

Appeal from a judgment of the Supreme Court in favor of defendant, entered May 21, 1975 in Sullivan County, upon a dismissal of the complaint by the court at a Trial Term at the close of plaintiff’s case. Plaintiff’s action is one to reform and rescind a contract under which it purchased certain equipment from the defendant. Since Trial Term has dismissed the complaint for want of establishing a prima facie case, we must view the evidence in the light most favorable to plaintiff on its appeal (CPLR 4401; Parvi v City of Kingston, 41 NY2d 553; Braunstein v Robinson, 47 AD2d 700). The testimony…