Legal Opinion
In re O'Malley
Appellate Division of the Supreme Court of the State of New York
Decided September 13, 2011PublishedCited by 3 opinions
1Opinion of the Court
*1013“ ‘A trial court’s grant of a CPLR 4401 motion for judgment as a matter of law is appropriate where the trial court finds that, upon the evidence presented, there is no rational process by which the fact trier could base a finding in favor of the nonmoving party ... In considering the motion for judgment as a matter of law, 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’ ” (Robinson v 211-11 N, LLC, 46 AD3d 657, 658 [2007], quoting…
2Cases cited6 opinions
- Szczerbiak v. PilatNew York Court of Appeals · 1997
- Parlante v. CavalleroAppellate Division of the Supreme Court of the State of New York · 2010
- Fellion v. DarlingAppellate Division of the Supreme Court of the State of New York · 2005
- Robinson v. 211-11 Northern, LLCAppellate Division of the Supreme Court of the State of New York · 2007
- In re GershenoffAppellate Division of the Supreme Court of the State of New York · 2005
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3Cited by3 opinions
- In re FavaloroAppellate Division of the Supreme Court of the State of New York · 2012
- Matter of GacovinoAppellate Division of the Supreme Court of the State of New York · 2020
- Matter of MezzatestaAppellate Division of the Supreme Court of the State of New York · 2015