[DOWNLOAD] "Joseph Calvaruso v. Our Lady Peace Roman Catholic Church" by Supreme Court of New York " eBook PDF Kindle ePub Free

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eBook details

• Title: Joseph Calvaruso v. Our Lady Peace Roman Catholic Church
• Author : Supreme Court of New York
• Release Date : January 22, 1971
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 73 KB

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[36 A.D.2d 755 Page 755] The questions of fact have not been considered. Because the trial court dismissed the complaints, plaintiffs are entitled
to have the proof read in the light most favorable to them and to have the benefit of the reasonable inferences to be drawn
from the proof (Carter v. Castle Elec. Contr. Co., 26 A.D.2d 83; African Metals Corp. v. Bullowa, 288 N. Y. 78, 81). On a
motion at the close of the plaintiffs' case, the test is not whether a plaintiff's verdict would have been set aside as contrary
to the weight of the credible evidence, but whether the trial court could hold that there was no rational process by which
the jury could have found for the plaintiffs (cf. Blum v. Fresh Grown Preserve Corp., 292 N. Y. 241, 245; Wessel v. Krop,
30 A.D.2d 764; Prince v. City of New York, 21 A.D.2d 668). There was testimony on plaintiffs' behalf tending to show that
on June 19, 1962 the infant plaintiff fell down a flight of stairs and was taken to the defendant Methodist Hospital of Brooklyn
where he was admitted by defendant Dr. Rodriguez as a "service patient". He complained, among other things, of pain in his
left hip; and X rays were taken and he was treated in the emergency room for an injury to his knee only. There was further
testimony [36 A.D.2d 755 Page 756]

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