Ordered that the judgment is affirmed, without costs or disbursements.
In determining a motion for a judgment as a matter of law, the trial court's function "is not to weigh the evidence, but rather, `in taking the case from the jury, to determine that by no rational process could the trier of facts base a finding in favor of the [plaintiff] upon the evidence * * * presented'" (Colozzo v Lo Vece,
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.