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ELNAKIB v. COUNTY OF SUFFOLK

2011-00104.

90 A.D.3d 596 (2011)

934 N.Y.S.2d 223

2011 NY Slip Op 8898

AMRO M. ELNAKIB, Respondent, v. COUNTY OF SUFFOLK et al., Appellants.

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

Decided December 6, 2011.

Ordered that the interlocutory judgment is affirmed, with costs.

To succeed on a motion for judgment as a matter of law pursuant to CPLR 4401, a defendant has the burden of showing that there is no rational process by which the jury could find in favor of the plaintiff and against the moving defendant (see Szczerbiak v Pilat, 90 N.Y.2d 553, 556 [1997]; Velez v Goldenberg,

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