Practice point:
To succeed on a
motion for judgment as a matter of law, pursuant to CPLR 4401, a defendant has
the burden of showing that there is no rational process by which the jury could
find in favor of the plaintiff and against the moving defendant.
Student note: In determining
whether the defendant has met this burden, a court must accept the plaintiff's
evidence as true and accord the plaintiff the benefit of every reasonable
inference which can reasonably be drawn from the evidence presented at trial.
Case: Figueroa v. City of New
York, NY Slip Op 08279 (2d Dept. 2012).
Here is the decision.
Tomorrow’s issue: Expert
testimony.
