Nichols v. Stamer
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*833To be entitled to judgment as a matter of law pursuant to CPLR 4401, the defendant has the burden of showing that, upon viewing the evidence in the light most favorable to the plaintiff, the plaintiff has not made out a prima facie case (see Godlewska v Niznikiewicz, 8 AD3d 430, 431 [2004]; Lyons v McCauley, 252 AD2d 516, 517 [1998]; Hughes v New York Hosp. Cornell Med. Ctr., 195 AD2d 442, 443 [1993]; Colozzo v LoVece, 144 AD2d 617, 618 [1988]). The court may grant the motion only if there is no rational process by which the jury could find for the plaintiff against the moving defendant (see…
2Cases cited8 opinions
- Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
- Lyons v. McCauleyAppellate Division of the Supreme Court of the State of New York · 1998
- Koehler v. SchwartzNew York Court of Appeals · 1979
- Farrukh v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 1996
- Berger v. BeckerAppellate Division of the Supreme Court of the State of New York · 2000
3 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Sampson v. ContilloAppellate Division of the Supreme Court of the State of New York · 2008
- Novick v. South Nassau Communities HospitalAppellate Division of the Supreme Court of the State of New York · 2016
- Dunn v. KhanAppellate Division of the Supreme Court of the State of New York · 2009
- Doe v. Department of EducationAppellate Division of the Supreme Court of the State of New York · 2008
- Gomez v. CasigliaAppellate Division of the Supreme Court of the State of New York · 2009
16 more not listed; retrieve them via the Exa API.