Ordered that the judgment is reversed, on the law, with costs, the motion pursuant to CPLR 4401 for judgment as a matter of law dismissing the complaint is denied, the complaint is reinstated, and the matter is remitted to the Supreme Court, Putnam County, for a new trial.
"A motion for judgment as a matter of law pursuant to CPLR 4401 may be granted only when the trial court determines that, upon the evidence presented, `there is no rational process by which the...
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