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KOTSAKOS v. TSIRIGOTIS

28 A.D.3d 426 (2006)

813 N.Y.S.2d 169

CHRISTINA KOTSAKOS, Appellant, v. CHRISTOS TSIRIGOTIS et al., Respondents.

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

April 4, 2006.

Ordered that the judgment is affirmed, with costs.

"A defendant's motion pursuant to CPLR 4401 should be granted only when, accepting the plaintiff's evidence as true, and according that evidence the benefit of every favorable inference that can reasonably be drawn from it, there is no rational process by which the jury could find for the plaintiff against the moving defendant" (Johnson v. Jamaica Hosp. Med. Ctr., 21 A.D.3d 881<...

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