Legal Opinion
Grizzanto v. Golub Corp.
Appellate Division of the Supreme Court of the State of New York
Decided December 30, 1992No. Appeal No. 1PublishedCited by 5 opinions
1Opinion of the Court
Judgment unanimously reversed on the law with costs to plaintiff and new trial granted. Memorandum: Supreme Court erroneously granted defendant’s motion for a directed verdict. A motion to dismiss a complaint at the close of the plaintiff’s case should not be granted unless it is clear that there is no rational basis whereby the jury might find in favor of the plaintiff (see, Rhabb v New York City Hous. Auth., 41 NY2d 200, 202; Spano v County of Onondaga, 135 AD2d 1091, appeal dismissed 71 NY2d 994; Dolitsky v Bay Isle Oil Co., Ill AD2d 366; Ehlinger v Board of Educ., 96 AD2d 708, 709).
Plainti…
2Cases cited5 opinions
- People v. MoultonNew York Court of Appeals · 1978
- O'Neil v. Port Authority of New YorkAppellate Division of the Supreme Court of the State of New York · 1985
- Ehlinger v. Board of Education of New Hartford Central School DistrictAppellate Division of the Supreme Court of the State of New York · 1983
- Fisher v. KavoussiAppellate Division of the Supreme Court of the State of New York · 1982
- Spano v. County of OnondagaAppellate Division of the Supreme Court of the State of New York · 1987
3Cited by5 opinions
- Dietzen v. Aldi Inc.Appellate Division of the Supreme Court of the State of New York · 2008
- Allinger v. City of UticaAppellate Division of the Supreme Court of the State of New York · 1996
- DeFisher v. PPZ Supermarkets, Inc.Appellate Division of the Supreme Court of the State of New York · 2020
- Melito v. City of UticaAppellate Division of the Supreme Court of the State of New York · 1994
- Peters v. Rome City School DistrictAppellate Division of the Supreme Court of the State of New York · 2002