Dinardo v. City of New York

The trial court properly denied defendant Board of Education’s motion at the close of plaintiffs case for judgment as a matter of law (CPLR 4401). Plaintiff, a special education teacher, was injured when she attempted to protect one of her students from attack by another student with a history of aggressive and disruptive behavior. “A motion for judgment at the close of all the evidence is substantially equivalent to one for a directed verdict made at that point ... In considering [such] a motion . . . the test to be applied is not founded upon a weighing of the evidence, but rather, in…