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NICODEMUS v. NICODEMUS

45 A.D.3d 546 (2007)

845 N.Y.S.2d 405

FRANK R. NICODEMUS, Respondent, v. ELSA A. NICODEMUS, Appellant.

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

Decided November 7, 2007.

Ordered that the interlocutory judgment is affirmed, with costs.

The defendant's argument that the jury's verdict is not supported by legally sufficient evidence is not preserved for appellate review since the defendant failed to move for judgment as a matter of law at the close of the evidence at trial (see Miller v Miller, 68 N.Y.2d 871, 873 [1986]; Gonyon v MB Tel.,

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