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SCHEHR v. McEVOY

43 A.D.3d 899 (2007)

842 N.Y.S.2d 32

EDWARD SCHEHR, Respondent, v. MICHAEL McEVOY et al., Appellants, et al., Defendant.

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.

At trial the plaintiff established his prima facie case and the defendants did not put on a case. Thereafter, the trial court granted the plaintiff's motion pursuant to CPLR 4401 for judgment as a matter of law on the issue of liability. "A trial court's grant of a CPLR 4401 motion for judgment as a matter of law is appropriate where the trial court finds that, upon the evidence presented, there is no rational process...

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