Dockery v. Sprecher
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*1045A defendant’s motion pursuant to CPLR 4401 should be granted only when, accepting the plaintiffs evidence as true, and according that evidence the benefit of every favorable inference that can reasonably be drawn from it, “there is no rational process by which the jury could find for the plaintiff against the moving defendant” (Wong v Tang, 2 AD3d 840, 840 [2003]; see DiGiovanni v Rausch, 226 AD2d 420 [1996]). In considering the motion, “the trial court must afford the party opposing the motion every inference which may properly be drawn from the facts presented, and the facts must be…
2Cases cited22 opinions
- Szczerbiak v. PilatNew York Court of Appeals · 1997
- Lyons v. McCauleyAppellate Division of the Supreme Court of the State of New York · 1998
- Barbuto v. Winthrop University HospitalAppellate Division of the Supreme Court of the State of New York · 2003
- Hand v. FieldAppellate Division of the Supreme Court of the State of New York · 2005
- Koehler v. SchwartzNew York Court of Appeals · 1979
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