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HANDWERKER v. DOMINICK L. CERVI, INC.

57 A.D.3d 615 (2008)

869 N.Y.S.2d 201

AMY HANDWERKER et al., Appellants-Respondents, v. DOMINICK L. CERVI, INC., et al., Respondents-Appellants.

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

December 9, 2008.

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 only when the trial court determines 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]; Hamilton v Rouse, 46 A.D.3d 514

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