170 NY Props. LLC v. Edwards, 2024 NY Slip Op 24317 (2024)

Citation: 170 NY Props. LLC v. Edwards, 2024 NY Slip Op 24317 (2024)
Parent Document: 170 NY Props. LLC v. Edwards, 2024 NY Slip Op 24317 (2024)
Jurisdiction: New York (state)
Effective Date: 2024-12-11
Original Source: https://www.courtlistener.com/opinion/10292432/170-ny-props-llc-v-edwards/ ↗

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Footnote 6:CPLR 4401 states in relevant part, "Any party may move for judgment with respect to a cause of action or issue upon the ground that the moving party is entitled to judgment as a matter of law, after the close of the evidence presented by an opposing party with respect to such cause of action or issue[.]" It is reversible error to grant a motion pursuant to CPLR 4401. "A motion for a directed verdict cannot be made until the close of the evidence presented by the opposing party. Once made, the legal standard in all four judicial departments that trial courts must apply in determining the motion is whether, on the evidence presented, there is no rational process by which the trier of fact could base a finding in favor of the non-moving party. Hon. Mark C. Dillon, Supplementary Practice Commentaries (McKinney's Cons Law of NY, CPLR 4401.)

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