Gombas v. Roberts

— Appeal from a judgment of the Supreme Court in favor of defendant Wayne O. Roberts, entered October 27, 1983 in Franklin County, upon a dismissal of the complaint by the court at Trial Term (Dier, J.), at the close of plaintiff’s case.

Plaintiff was injured when the car she was driving was struck by a car driven by defendant Wayne O. Roberts and owned by defendant Wilbur’s Motors, Inc. She filed suit and a trial date *522was duly set for Monday, October 24, 1983. Trial began as scheduled at 9:30 a.m. on that date. A jury was empanelled and then plaintiff testified. Her testimony was completed by…