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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Witherbee Court Associates v. Greene, 7 A.D.3d 699 (2004)

Citation
Witherbee Court Associates v. Greene, 7 A.D.3d 699 (2004)
Parent Document
Witherbee Court Associates v. Greene, 7 A.D.3d 699 (2004)
Jurisdiction
New York (state)
Effective Date
2004-05-17

Full Text

656 chars
A motion for judgment as a matter of law pursuant to CPLR 4401 may be granted where the trial court determines that, upon the evidence presented, there is no rational process by which a jury could find in favor of the nonmoving party (see Szczerbiak v Pilat, 90 NY2d 553, 556 [1997]). In considering such a motion, “the trial court must afford the party opposing the motion every inference which may properly be drawn from the facts presented, and the facts must be considered in a light most favorable to the nonmovant” (Szczerbiak v Pilat, supra at 556; C.K. Rehner, Inc. v Arnell Constr. Corp., 303 AD2d 439, 440 [2003]; Wong v Tang, 2 AD3d 840 [2003]).