Sisson v. City of New York

Judgment dismissing complaint unanimously reversed, on the law and facts, with costs to appellants to abide the event and new trial granted. The complaint herein was dismissed at the close of plaintiffs’ case and a verdict directed in favor of defendant. This required a determination by the trial court that by no rational process upon the proof submitted could the jury have based a finding in favor of plaintiffs (Blum v. Fresh Grown Preserve Corp., 292 N. Y. 241, 245). Such a determination was erroneous. There was proof that plaintiff wife was injured in the late afternoon while attempting to…