Rochester Telephone Corp. v. Green Island Construction Corp.

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

At the close of plaintiff’s evidence, defendant moved to dismiss the complaint, and the court reserved decision. Following the return of the jury’s verdict for plaintiff, defendant made a second motion, to set aside the verdict as against the weight of the evidence. Thereupon the trial court granted both motions, and judgment was entered dismissing the complaint.

The Appellate Division, reversing on the law and the facts, held that the trial court was in error both in granting the motion to…