Sinopoli v. Buda

— In an action, inter alia, to enjoin the obstruction of a "public right-of-way”, the plaintiffs appeal from a judgment of the Supreme Court, Westchester County (Coppola, J.), dated November 24, 1987, which after a nonjury trial, and upon granting the defendants’ motion for judgment during trial, dismissed the complaint "on the merits”.

Ordered that the judgment is affirmed, with costs.

It is well settled that, on a motion by a defendant for judgment at the close of the plaintiff’s case, the facts must be considered in the light most favorable to the plaintiff (see, Tolley v Dogleg Realty Co.,…