Van Fleet v. Auburn Foundry, Inc.

Appeal from a judgment of the Supreme Court in favor of defendant, entered January 21, 1977 in Tompkins County, upon a dismissal of the complaint by the court at a Trial Term at the close of all of the evidence. We cannot agree with the trial court’s conclusion that plaintiff has failed to prove a prima facie case. The standard to be applied allows dismissal only if the jury by no rational process could have returned a verdict in favor of plaintiff based on the evidence presented (Blum v Fresh Grown Preserve Corp., 292 NY 241). While the evidence supports the defendants’ position that it paid…