Frazier v. Campbell

In an action to recover damages for wrongful death, the plaintiff appeals from a judgment of the Supreme Court, Dutchess County (Beisner, J.), dated December 6, 1996, which, upon granting the defendant’s motion for judgment as a matter of law made at the conclusion of the plaintiff’s case, dismissed the complaint.

Ordered that the judgment is reversed, on the law, the motion is denied, and a new trial is granted, with costs to abide the event.

After the close of the plaintiff’s case, the defendant moved for judgment as a matter of law on the ground that the plaintiff failed to make out a prima…