Tripi v. Stillwell

Judgment and order unanimously reversed on the law and facts and a new trial granted, with costs to appellant to abide the event. Memorandum: The nonsuit was granted after defendant had rested without offering any evidence. The plaintiff was “entitled to the benefit of every favorable inference which can reasonably be drawn” from the evidence submitted by her (Sagorsky v. Maly on, 307 N. Y. 584, 586; Michaels v. Gannett Go., 10 A D 2d 417). Applying this principle the plaintiff established a prima facie ease which required submission to the jury. Furthermore, plaintiff’s motion to reopen and…