Legal Opinion
Vaiana v. Vaiana
Appellate Division of the Supreme Court of the State of New York
Decided May 10, 2000PublishedCited by 3 opinions
1Opinion of the Court
—Order unanimously reversed on the law without costs, motion denied, amended complaint reinstated and new trial granted. Memorandum: In this action seeking a divorce on the ground of cruel and inhuman treatment, Supreme Court erred in granting defendants motion to dismiss the amended complaint at the close of plaintiffs proof (see, Smith v Smith, 254 AD2d 788). A motion for judgment as a matter of law made at the close of plaintiffs proof should be granted only “where the trial court finds that, upon the evidence presented, there is no rational process by which the fact trier could base a…
2Cases cited8 opinions
- Szczerbiak v. PilatNew York Court of Appeals · 1997
- Bulger v. BulgerAppellate Division of the Supreme Court of the State of New York · 1982
- Echevarria v. EchevarriaNew York Court of Appeals · 1976
- Gruntz v. Deepdale General HospitalAppellate Division of the Supreme Court of the State of New York · 1990
- Blaise v. BlaiseAppellate Division of the Supreme Court of the State of New York · 1994
3 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Collins v. CollinsAppellate Division of the Supreme Court of the State of New York · 2001
- Habib v. HabibAppellate Division of the Supreme Court of the State of New York · 2000
- Stroke v. StrokeAppellate Division of the Supreme Court of the State of New York · 2001