Practice point: The motion, made pursuant to CPLR 4404, may be
granted only when the trial court determines that, upon the evidence
presented, there is no valid line of reasoning and permissible
inferences which could possibly lead rational persons to the conclusion
reached by the jury upon the evidence presented at trial, and no
rational process by which the jury could find in favor of the nonmoving
party.
Student note: Where the proven facts show that there are several possible
causes of an injury, for one or more of which the defendant was not
responsible, and it is just as reasonable and probable that the injury
was the result of one cause as the other, plaintiff cannot have a
recovery.
Case: Liyanage v. Amann, NY Slip Op 03808 (2d Dept. 2015)
Here is the decision.
Monday's issue: Defeating summary judgment in a sidewalk defects action.
