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BODGE v. RED HOOK SENIOR HOUSING DEVELOPMENT FUND COMPANY, INC.

2010-07297.

85 A.D.3d 1073 (2011)

926 N.Y.S.2d 298

2011 NY Slip Op 5644

SEAMUS BODGE, Appellant, v. RED HOOK SENIOR HOUSING DEVELOPMENT FUND COMPANY, INC., et al., Respondents.

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

Decided June 28, 2011.

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

Pursuant to CPLR 4401, "[a]ny party may move for judgment with respect to a cause of action or issue upon the ground that the moving party is entitled to judgment as a matter of law, after the close of the evidence presented by an opposing party with respect to such cause of action or issue." At the time the plaintiff moved pursuant to CPLR 4401 for judgment as a matter of law on the issue...

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