Practice point: The motion will be granted, pursuant to CPLR 4401, only when the trial court determines that, based on the evidence presented, there is no rational process by which the jury could find in favor of the nonmoving party.
Practitioners should note that the court must afford the nonmovant every inference which may properly be drawn from the facts presented, and the facts must be considered most favorably to the nonmovant.
Case: DeVito v. City of New York, NY Slip Op 04184 (2d Dept. 2009)
The opinion is here.
Monday’s issue: Damages.
You will find another instructive case here.
