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SLUTZKY v. ARON ESTATES CORP.

256 A.D.2d 402 (1998)

681 N.Y.S.2d 572

RACHEL SLUTZKY, Individually and as Executor of MAIER SLUTZKY, Deceased, et al., Appellants, v. ARON ESTATES CORP. et al., Respondents, et al., Defendants.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided December 14, 1998.

Ordered that the judgments are affirmed, with one bill of costs to the respondents appearing separately and filing separate briefs.

"A trial court's grant of a CPLR 4401 motion for judgment as a matter of law is appropriate where the trial court finds that, upon the evidence presented, there is no rational process by which the fact trier could base a finding in favor of the nonmoving party * * * In considering the motion...

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