Pursuant to the statute, a party may move for a directed verdict after the close of the opposing party's evidence. It is reversible error to grant a motion for a directed verdict prior to the close of the party's case against whom a directed verdict is sought, even if it is unlikely that the plaintiff will prevail. The denial of a fair trial claim is a stand-alone cause of action
Cromedy v. City of New York, NY Slip Op 07527 (1st Dep't October 22, 2019)
Here is the decision.