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POULAKIS v. TOWN OF ORANGETOWN

29 A.D.3d 882 (2006)

814 N.Y.S.2d 539

DANIEL POULAKIS, Respondent, v. TOWN OF ORANGETOWN, Appellant.

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

May 23, 2006.

Ordered that the judgment is affirmed, without costs or disbursements.

A motion for judgment as a matter of law pursuant to CPLR 4401 may be granted when the trial court determines that, upon the evidence presented, there is no rational process by which a jury could find in favor of the nonmoving party (see Szczerbiak v Pilat, 90 N.Y.2d 553, 556 [1997]). In considering such a motion...

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