Figueroa v. City of New York
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 *675that 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]; Ryan v New York City Tr. Auth., 89 AD3d 1005 [2011]; Magidenko v Consolidated Edison, 3 AD3d 553 [2004]). In determining whether the defendant has met this burden, a court must accept the plaintiff s evidence as true and accord the plaintiff the benefit of every reasonable inference which can reasonably be…
2Cases cited8 opinions
- Szczerbiak v. PilatNew York Court of Appeals · 1997
- Thompson v. Commack Multiplex CinemasAppellate Division of the Supreme Court of the State of New York · 2011
- Capasso v. CapassoAppellate Division of the Supreme Court of the State of New York · 2011
- Velez v. GoldenbergAppellate Division of the Supreme Court of the State of New York · 2006
- Liounis v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2012
3 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
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- Feteha v. ScheinmanAppellate Division of the Supreme Court of the State of New York · 2019
- Ryzak v. AndersonAppellate Division of the Supreme Court of the State of New York · 2016
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