Rotta v. Ferreira

In an action to recover the proceeds of a loan, the plaintiff appeals from a judgment of the Supreme Court, Nassau County (Dunne, J.), entered November 3, 2003, which, after a jury trial, and upon the granting of the defendant’s motion pursuant to CPLR 4401 made at the close of the plaintiffs case, in effect, to dismiss the complaint for failure to establish a prima facie case, is in favor of the defendant and against him dismissing the complaint.

Ordered that the judgment is affirmed, with costs.

Viewing the evidence in the light most favorable to the plaintiff and giving him the benefit of…