Ordered that the judgment is reversed, on the law, with costs, and the motion pursuant to CPLR 4401 for judgment as a matter of law dismissing the complaint on the ground of legal insufficiency is granted.
A motion for judgment as a matter of law pursuant to CPLR 4401 may only be granted when, upon the evidence presented, there is no rational process by which the jury could find in favor of the nonmoving party (see Szczerbiak v Pilat,
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