Victor Goree

[62 A.D.2d 1078 Page 1078] Appeal from (1) an order of the Supreme Court, in favor of defendant, entered December 15, 1976 in Albany County, upon a dismissalof the complaint by the court at a Trial Term, at the close of plaintiffs' evidence, and (2) the judgment entered thereon. This action, based in negligence, arose from an accident which [62 A.D.2d 1078 Page 1079]