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METROPOLITAN ENTERS. NY v. KHAN ENTER. CONSTR., INC.

2013-01613, Index No. 11997/10.

124 A.D.3d 609 (2015)

METROPOLITAN ENTERPRISES NY, Also Known as METROPOLITAN ENTERPRISES, INC., Appellant, v. KHAN ENTERPRISE CONSTRUCTION, INC., et al., Respondents.

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

Decided January 14, 2015.

Ordered that the order is reversed, on the law, with costs, the motion of the defendant Khan Enterprise Construction, Inc., pursuant to CPLR 4401 for judgment as a matter of law dismissing the complaint is denied, and the matter is remitted to the Supreme Court, Kings County, for a new trial.

"`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...

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