Pursuant to CPLR 4401, a motion for judgment as a matter of law may be made at the close of an opposing party's case, or at any time on the basis of admissions. A motion made prior to the close of the opposing party's case will be denied, even if the opposing party's ultimate success in the action is improbable.
Bank of N.Y. Mellon v. Waheed, NY Slip Op 02774 (2d Dep't May 24, 2023)
