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GOMEZ v. CASIGLIA

2008-08946.

67 A.D.3d 965 (2009)

890 N.Y.S.2d 81

2009 NY Slip Op 08784

JOSE A. GOMEZ, Appellant, v. FRANK G. CASIGLIA, Respondent.

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

Decided November 24, 2009.

Ordered that the judgment is affirmed insofar as appealed from, with costs.

Contrary to the plaintiff's contention, the Supreme Court properly granted the defendant's motion pursuant to CPLR 4401 for judgment as a matter of law at the close of the plaintiff's case. In entertaining such a motion, the trial court must view the evidence in the light most favorable to the opponent, affording him or her every favorable inference...

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