Elnakib v. County of Suffolk
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
To succeed on a motion for judgment as a matter of law pursuant to CPLR 4401, a defendant has the burden of showing *597that there is no rational process by which the jury could find in favor of the plaintiff and against the moving defendant (see Szczerbiak v Pilat, 90 NY2d 553, 556 [1997]; Velez v Goldenberg, 29 AD3d 780, 781 [2006]). In determining whether the defendant has met this burden, a court must accept the plaintiffs evidence as true and accord the plaintiff the benefit of every reasonable inference which can reasonably be drawn from the evidence presented at trial (id. at 781; see…
2Cases cited8 opinions
- Szczerbiak v. PilatNew York Court of Appeals · 1997
- Saarinen v. KerrNew York Court of Appeals · 1994
- Badalamenti v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2006
- Velez v. GoldenbergAppellate Division of the Supreme Court of the State of New York · 2006
- Wong v. TangAppellate Division of the Supreme Court of the State of New York · 2003
3 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Robles v. Polytemp, Inc.Appellate Division of the Supreme Court of the State of New York · 2015
- RUIZ, CHALINA v. COPE, BRENDAN L.Appellate Division of the Supreme Court of the State of New York · 2014
- Cunningham v. BrutmanAppellate Division of the Supreme Court of the State of New York · 2017
- In re FavaloroAppellate Division of the Supreme Court of the State of New York · 2012
- Matter of CascardoAppellate Division of the Supreme Court of the State of New York · 2015
6 more not listed; retrieve them via the Exa API.