City of New York Municipal Court May 1, 1957 (Calore v. Domnitch)

J. Irwin Shapiro, J.

The defendant, in this jury case, reserved his right to make a motion to dismiss the complaint at the end of the plaintiffs’ case, and now at the end of the entire case (subject only to medical proof on the part of the plaintiffs) he moves for a dismissal, contending that the proof in the record is insufficient, as a matter of law, to permit this case to go to the jury.