Legal Opinion
Handwerker v. DomInick L. Cervi, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided December 9, 2008PublishedCited by 19 opinions
1Opinion of the Court
A motion for judgment as a matter of law pursuant to CPLR 4401 may be granted only when the trial court determines that, upon the evidence presented, there is no rational process by which the jury could find in favor of the nonmoving party (see Szczerbiak v Pilat, 90 NY2d 553, 556 [1997]; Hamilton v Rouse, 46 AD3d 514, 516 [2007]). In considering such a 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 considered in a light most favorable to the nonmovant” (Szczerbiak v Pilat, 90 NY2d…
2Cases cited5 opinions
- Lolik v. Big v. Supermarkets, Inc.New York Court of Appeals · 1995
- Szczerbiak v. PilatNew York Court of Appeals · 1997
- Tapia v. Dattco, Inc.Appellate Division of the Supreme Court of the State of New York · 2006
- Hamilton v. RouseAppellate Division of the Supreme Court of the State of New York · 2007
- Ruiz v. Hart Elm Corp.Appellate Division of the Supreme Court of the State of New York · 2007
3Cited by19 opinions
- Liounis v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2012
- Scalogna v. OsipovAppellate Division of the Supreme Court of the State of New York · 2014
- Lariviere v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2015
- Young Mee Oh v. KoonAppellate Division of the Supreme Court of the State of New York · 2016
- Rosenfeld v. BakerAppellate Division of the Supreme Court of the State of New York · 2010
14 more not listed; retrieve them via the Exa API.