DOLAND v. STEPHENSON

2010-09734.

89 A.D.3d 789 (2011)

932 N.Y.S.2d 369

2011 NY Slip Op 8113

KEITH DOLAND et al., Appellants, v. JAMES L. STEPHENSON et al., Respondents, et al., Defendants. (Action No. 1.) KEITH DOLAND et al., Appellants, v. GILLES T. MARTIN, Also Known as GINO MARTINEZ, Respondent. (Action No. 2.)

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

Decided November 9, 2011.


Ordered that the judgment is affirmed insofar as appealed from, with one bill of costs to the respondents appearing separately and filing separate briefs.

A trial court may grant a motion pursuant to CPLR 4401 for judgment as a matter of law where it 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" (Szczerbiak v Pilat,...

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