Lyons v. McCauley
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—In an action to recover damages for medical malpractice, etc., the plaintiffs appeal from a judgment of the Supreme Court, Kangs County (Demarest, J.), entered May 1, 1997, which, upon the motion of the defendant for judgment as a matter of law made at the conclusion of the presentation, of evidence at trial, dismissed the complaint for failure to make out a prima facie case.
Ordered that the judgment is affirmed, with costs.
To be entitled to judgment as a matter of law pursuant to *517CPLR 4401, the defendant has the burden of showing that, upon viewing the evidence in the light most favorable…
2Cases cited7 opinions
- Cohen v. Hallmark Cards, Inc.New York Court of Appeals · 1978
- Derdiarian v. Felix Contracting Corp.New York Court of Appeals · 1980
- Nallan v. Helmsley-Spear, Inc.New York Court of Appeals · 1980
- Fiore v. GalangNew York Court of Appeals · 1985
- Koehler v. SchwartzNew York Court of Appeals · 1979
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- Wong v. TangAppellate Division of the Supreme Court of the State of New York · 2003
- Dombrowski v. MooreAppellate Division of the Supreme Court of the State of New York · 2002
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