Noonan v. Paine

Judgment reversed on the law and a new trial granted, without costs of this appeal to either party. Memorandum: The plaintiff has appealed from a judgment entered upon a verdict of no cause for action directed by the court. The burden, therefore, is on the defendant on this appeal to show that there was no evidence which presented a question of fact in favor of the plaintiff. (La Rose v. Donnelly, 219 App. Div. 181; Smith v. Dotterweich, 200 N. Y. 299.) We are obliged *1036to treat the testimony offered by the plaintiff as true though it might seem to us to be improbable. (Schloendorff v. New York…