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KILMER v. DAVIS

302 A.D.2d 563 (2003)

755 N.Y.S.2d 629

TERRY KILMER et al., Respondents, v. WENDELL DAVIS et al., Appellants.

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

Decided February 24, 2003.

Ordered that the judgment is reversed, on the law, the motion is denied, and a new trial on the issue of liability only is granted, with costs to abide the event. The jury's finding as to damages is affirmed.

To be entitled to judgment as a matter of law, a plaintiff has the burden of showing that, upon the evidence presented, there is no rational process by which the jury could find in favor of the defendant (see State...

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