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GENNARO v. LOCASCIO

18 A.D.3d 811 (2005)

795 N.Y.S.2d 455

FRANK GENNARO et al., Respondents, v. ANDREW LOCASCIO et al., Appellants.

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

May 31, 2005.

Ordered that the judgment is affirmed, with costs.

The trial court properly denied the defendants' motion pursuant to CPLR 4401 for judgment as a matter of law. Viewing the evidence in the light most favorable to the plaintiffs, and affording them "every favorable inference which may properly be drawn from the facts presented" (Szczerbiak v Pilat, 90 N.Y.2d 553, 556 [1997]; see Magidenko v Consolidated Edison,

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