Palladino v. McCormick

In an action, inter alia, to set aside a deed conveying real property, the plaintiff appeals from an order of the Supreme Court, Westchester County (Smith, J.), dated January 2, 2013, which granted the defendant’s motion pursuant to CPLR 4401, made at the close of the plaintiffs case at a nonjury trial, for judgment as a matter of law dismissing the complaint.

Ordered that the order is reversed, on the law, with costs, the defendant’s motion 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, Westchester…