Stern v. Goldstein

Contrary to the plaintiffs’ contention, the Supreme Court properly denied their motion pursuant to CPLR 4401, made at *921the close of their case on the issue of liability, for judgment as a matter of law on that issue (see Gracie Sq. Realty Corp. v Choice Realty Corp., 305 NY 271, 278 [1953]; Martin Fireproofing Corp. v Maryland Cas. Co., 45 Misc 2d 354, 359 [1965], affd 26 AD2d 910 [1966]), as well as their renewed motion pursuant to CPLR 4401, made at the close of the evidence on the issue of liability, for judgment as a matter of law on that issue (see generally Szczerbiak v Pilat, 90 NY2d…