In Bolton v. Ejioleh Express, the jury returned a verdict in favor of the plaintiff. On post-trial motion, the trial court set aside the verdict finding that it was not supported by legally sufficient evidence. The Second Department, however, reversed reinstating the verdict.
The Court held, "Any defect in the plaintiff's case was cured by the evidence presented on the defendants' direct case. Contrary to the defendants' contention, in determining whether the plaintiff's initial burden has been established, the Supreme Court is obliged to consider all of the evidence, including the proof adduced by the defendants which cures any defects in the plaintiff's case."
The Court held, "Any defect in the plaintiff's case was cured by the evidence presented on the defendants' direct case. Contrary to the defendants' contention, in determining whether the plaintiff's initial burden has been established, the Supreme Court is obliged to consider all of the evidence, including the proof adduced by the defendants which cures any defects in the plaintiff's case."
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