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FIGUEROA v. SLIWOWSKI

43 A.D.3d 858 (2007)

841 N.Y.S.2d 677

MARK FIGUEROA, Respondent, v. WOJCEIECH SLIWOWSKI, Appellant.

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

Decided September 11, 2007.

Ordered that the judgment is affirmed, with costs.

A motion for judgment as a matter of law pursuant to CPLR 4401 may be granted only when the trial court finds that, 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, 90 N.Y.2d 553, 556 [1997]). In considering such a motion, "the trial court must afford the party opposing the motion...

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