Wygodny v. K-Site 600 Associates

GREEN, Judge.

Ben Wygodny (“Wygodny”) was the plaintiff below and appeals a final judgment of involuntary dismissal entered at the close of his case in chief at a nonjury trial. He essentially argues that although he made a prima facie case, the trial court erred in granting the defendants’ motion for involuntary dismissal based upon the court’s weighing of the evidence and judging the credibility of the witnesses. We concur and for the reasons which follow, we reverse and remand for a new trial as to defendants K-Site 600 Associates and Ben Franklin Properties 500, Inc. (collectively…