Legal Opinion · Dissent

JAMES, MARGUERITE v. WORMUTH, M.D., DAVID

Appellate Division of the Supreme Court of the State of New York

Decided March 23, 2012No. CA 11-00814Published

1Dissent

Fahey and Sconiers, JJ.

(dissenting). We respectfully dissent. In our view, Supreme Court erred in granting defendants’ motion for a directed verdict pursuant to CPLR 4401 dismissing the amended complaint at the close of plaintiff’s case, and we therefore would reverse the judgment, deny defendants’ motion for a directed verdict, reinstate the amended complaint and grant a new trial.

“[A] directed verdict is ‘appropriate where the . . . 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…

2Cases cited6 opinions

Szczerbiak v. PilatNew York Court of Appeals · 1997
Dermatossian v. New York City Transit AuthorityNew York Court of Appeals · 1986
Kambat v. St. Francis HospitalNew York Court of Appeals · 1997
Morejon v. Rais Construction Co.New York Court of Appeals · 2006
States v. Lourdes HospitalNew York Court of Appeals · 2003

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