Flick v. Town of Steuben

Order unanimously reversed on the law with costs, motion denied, complaint reinstated and new trial granted. Memorandum: Supreme Court erred in dismissing plaintiffs complaint at the close of the proof on the ground that she failed to prove that the pile of material on defendant’s property contained salt. A motion to dismiss a complaint at the close of the proof must be denied unless there is no rational basis on which a jury could find for the plaintiff against the moving defendants (see, Rhabb v New York City Hous. Auth., 41 NY2d 200, 202; Lacy v Guthrie Clinic, 184 AD2d 1057). In…