Legal Opinion
Giannattasio v. Han Suk Kang
Appellate Division of the Supreme Court of the State of New York
Decided December 16, 2008Published
1Opinion of the Court
*729Contrary to the plaintiffs contentions, the trial court properly interpreted the decisions of this Court in Giannattasio v Han Suk Kang (30 AD3d 374 [2006]), and Giannattasio v Han Suk Kang (30 AD3d 375 [2006]), and limited the evidence at retrial to the plaintiffs claims regarding the alleged defective slope.
The trial court erred, however, in granting the motion of the defendant New York City Off-Track Betting Corporation (hereinafter OTB) pursuant to CPLR 4401 for judgment as a matter of law. “ ‘A trial court’s grant of a CPLR 4401 motion for judgment as a matter of law is appropriate where…
2Cases cited9 opinions
- Szczerbiak v. PilatNew York Court of Appeals · 1997
- Teitelbaum Holdings, Ltd. v. GoldNew York Court of Appeals · 1979
- Robinson v. 211-11 Northern, LLCAppellate Division of the Supreme Court of the State of New York · 2007
- Cohen v. Central Parking Systems, Inc.Appellate Division of the Supreme Court of the State of New York · 2003
- Sumitomo Bank of New York Trust Co. v. Town of North HempsteadAppellate Division of the Supreme Court of the State of New York · 2000
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