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IN THE MATTER OF GRACE O'MALLEY

2009-08629.

87 A.D.3d 1012 (2011)

929 N.Y.S.2d 618

2011 NY Slip Op 6491

In the Matter of GRACE O'MALLEY, Deceased. KATHLEEN O'MALLEY, Also Known as KACEY O'MALLEY, Appellant-Respondent; JOHN O'MALLEY, Respondent-Appellant.

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

Decided September 13, 2011.

Ordered that the decree is affirmed insofar as appealed and cross-appealed from, without costs or disbursements.

"`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 by which the fact trier could base a finding in favor of the nonmoving party . . . In considering the motion for judgment as a matter of law, the trial court must afford...

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