Appellate Division of the Supreme Court of the State of New York December 19, 1950 (Continental Casualty Co. v. Van Deventer)

Per Curiam.

The complaint was dismissed on the merits at the close of plaintiff’s case. Plaintiff is, therefore, entitled to every favorable inference which may be drawn from the evidence. “ The facts must be viewed in the aspect most favorable to the plaintiff and every permissible inference from those facts in favor of plaintiff must be indulged ” (Meiselman v. Crown Heights Hosp., 285 N. Y.