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STERN v. GOLDSTEIN

2010-07506, 2010-10774.

89 A.D.3d 920 (2011)

932 N.Y.S.2d 716

2011 NY Slip Op 8343

MICHAEL STERN et al., Appellants, v. JEFFREY GOLDSTEIN, Respondent, et al., Defendant.

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

Decided November 15, 2011.

Ordered that the judgment and the order are affirmed, with one bill of costs.

Contrary to the plaintiffs' contention, the Supreme Court properly denied their motion pursuant to CPLR 4401, made at the close of their case on the issue of liability, for judgment as a matter of law on that issue (see Gracie Sq. Realty Corp. v Choice Realty Corp., 305 N.Y. 271, 278 [1953]; Martin Fireproofing...

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