Appellate Division of the Supreme Court of New York, 1945

Tucker v. Lloyd Export Corp.

Tucker v. Lloyd Export Corp.
Appellate Division of the Supreme Court of New York · Decided April 6, 1945
269 A.D. 735; 54 N.Y.S.2d 396; 1945 N.Y. App. Div. LEXIS 3505
Tucker v. Lloyd Export Corp.

Opinion of the Court

Present — Martin, P. J., Untermyer, Dore, Cohn' and Callahan, JJ.

Opinion of the Court

Applying the rule that on a motion for nonsuit plaintiffs are entitled to the benefit of the most favorable inferences that may be drawn from their proof, we find that it was error to dismiss the complaint herein. Judgment unanimously reversed *736and a new trial ordered, with costs to the appellants to abide the event.

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