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CAMBRIDGE ASSOCIATES v. TOWN OF NORTH SALEM

282 A.D.2d 702 (2001)

724 N.Y.S.2d 319

CAMBRIDGE ASSOCIATES, Appellant, v. TOWN OF NORTH SALEM, Respondent.

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

Decided April 30, 2001.

Ordered that the order is affirmed, with costs.

On a post-verdict motion for judgment as a matter of law, the trial court must determine from the evidence presented at trial whether any rational basis exists for the conclusion reached by the jury (see, CPLR 4404 [a]; Cohen v Hallmark Cards, 45 N.Y.2d 493). Moreover, the test is not whether the jury erred in weighing the evidence but rather, whether there is any viable...

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