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USTILOVSKAYA v. COHEN

304 A.D.2d 748 (2003)

757 N.Y.S.2d 789

OLGA USTILOVSKAYA et al., Appellants, v. DIANE A. COHEN, Respondent.

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

Decided April 21, 2003.

Ordered that the judgment is affirmed, with costs.

The Supreme Court properly denied the plaintiffs' motion pursuant to CPLR 4401 for judgment as a matter of law. Affording the defendant "every inference which may properly be drawn from the facts presented" and considering the facts "in a light most favorable to the [defendant]," the evidence supported a rational process by which the jury could find in favor of the defendant (Szczerbiak v Pilat,

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