Marino v. Alliaud

In this action to recover damages for personal injuries, the complaint was dismissed on the merits at the close of plaintiff’s evidence. If the dismissal was properly on the merits, then, if there is any evidence to sustain the judgment, it will not be disturbed. (McNulty Bros. v. Offerman, 141 App. Div. 730, 732; Wittemann Bros. v. Forman Bottling Co., 178 App. Div. 674, 675.) If the dismissal was in the nature of a nonsuit, then the plaintiff is entitled to have it reviewed in the light of the facts and inferences most favorable to her. (Veazey v. Allen, 173 N. Y. 359, 367.)

After plaintiff…