Legal Opinion

Clarke v. Condon

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

Decided December 6, 2011PublishedCited by 1 opinion

1Opinion of the Court

This action arises from an automobile accident that occurred in March 2006. After a trial, the jury rendered a verdict in favor of the defendants.

The Supreme Court did not err in denying the plaintiffs’ ap*595plications pursuant to CPLR 4404 (a) to set aside the jury-verdict and for judgment as a matter of law or for a new trial. To grant a motion for judgment as a matter of law, the trial court must view the evidence in the light most favorable to the nonmovant and conclude that there is “no rational process by which the fact trier could base a finding in favor of the” nonmovant (Szczerbiak v…

2Cases cited7 opinions

  1. Nicastro v. ParkAppellate Division of the Supreme Court of the State of New York · 1985
  2. Szczerbiak v. PilatNew York Court of Appeals · 1997
  3. Bagnato v. RomanoAppellate Division of the Supreme Court of the State of New York · 1992
  4. Rubino v. ScherrerAppellate Division of the Supreme Court of the State of New York · 2009
  5. Asaro v. MicaliAppellate Division of the Supreme Court of the State of New York · 2002

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3Cited by1 opinion

  1. Salamone v. Ginsberg's Inst. Foods, Inc.Appellate Division of the Supreme Court of the State of New York · 2023

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