Felice v. Gershkon

In a negligence action to recover damages for personal injuries, plaintiff appeals from a judgment of the Supreme Court, Nassau County, dated November 23, 1965, in favor of defendant, upon the trial court’s dismissal of the complaint at the end of plaintiff’s ease upon -a jury trial. Judgment reversed, on the law, and new trial granted, with costs to abide the event. The questions of fact have not been considered. Since the complaint was dismissed without submitting the ease to the jury, this court mus-t consider the facts and inferences therefrom in the light most favorable to plaintiff.…