Practice point: The Appellate Division's decision and order in a prior appeal, determining that
questions of fact existed precluding summary judgment in the plaintiff's
favor, did not decide that there necessarily would be established an issue of fact at the trial which would have to be determined by a jury. So, the Appellate Division's determination on the
summary judgment motion did not preclude the plaintiff from seeking
judgment as a matter of law upon the close of evidence at trial, and did
not require the automatic denial of such a motion.
Student note: To succeed on a motion for judgment as a matter of law pursuant to CPLR
4401, a party has the burden of showing that there is no rational
process by which the jury could find in favor of the opposing party and
against him or her.
Case: Coates v. Corporation of Presiding Bishop of Church of Jesus Christ of Latter Day Sts., NY Slip Op 02041 (2d Dept. 2013).
Here is the decision.
Tomorrow's issue: Pain and suffering, and expert witnesses.
