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ELIAS v. FERRI

46 A.D.3d 743 (2007)

848 N.Y.S.2d 687

BRUCE ELIAS et al., Appellants, v. CHARLOTTE FERRI et al., Respondents.

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

Decided December 18, 2007.

Ordered that the judgment is affirmed, with costs.

Viewing the evidence in the light most favorable to the plaintiffs and giving them the benefit of every favorable inference (see Rotta v Ferreira, 16 A.D.3d 399 [2005]; Zboray v Fessler, 154 A.D.2d 367 [1989]), the Supreme Court properly granted the defendants' motion pursuant to CPLR 4401, made at the close of evidence, to dismiss...

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