Ordered that the order is reversed, on the law, with costs, that branch of the motion of the defendant Justin J. Cupid which was, in effect, pursuant to CPLR 4404 (a) to set aside the verdict and for judgment as a matter of law dismissing the complaint insofar as asserted against him is denied, and the jury verdict is reinstated.
"`A motion for judgment as a matter of law pursuant to CPLR . . . 4404 may be granted only when the trial court determines that, upon the...
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