Legal Opinion
Lacy v. Guthrie Clinic, Ltd.
Appellate Division of the Supreme Court of the State of New York
Decided June 5, 1992PublishedCited by 5 opinions
1Opinion of the Court
Judgment unanimously reversed on the law with costs and new trial granted. Memorandum: In this medical malpractice action, Supreme Court erred in granting defendants’ motion to dismiss plaintiffs’ complaint at the close of all the evidence. Plaintiffs made out a prima facie case (see, Rhabb v New York City Hous. Auth., 41 NY2d 200, 202).
A trial court may dismiss a complaint at the close of the evidence presented (see, CPLR 4401) only if there is no rational basis whereby the jury might find for the plaintiff as against the moving defendants (Rhabb v New York City Hous. Auth., supra; Spano v…
2Cases cited5 opinions
- Monahan v. WeichertAppellate Division of the Supreme Court of the State of New York · 1981
- Nicholas v. ReasonAppellate Division of the Supreme Court of the State of New York · 1981
- O'Neil v. Port Authority of New YorkAppellate Division of the Supreme Court of the State of New York · 1985
- Ehlinger v. Board of Education of New Hartford Central School DistrictAppellate Division of the Supreme Court of the State of New York · 1983
- Spano v. County of OnondagaAppellate Division of the Supreme Court of the State of New York · 1987
3Cited by5 opinions
- Finnegan v. BrothmanAppellate Division of the Supreme Court of the State of New York · 2000
- Colburn v. BlumAppellate Division of the Supreme Court of the State of New York · 1996
- Flick v. Town of SteubenAppellate Division of the Supreme Court of the State of New York · 1993
- Sisson v. LechAppellate Division of the Supreme Court of the State of New York · 1999
- Jones v. Great American Grocery StoreAppellate Division of the Supreme Court of the State of New York · 1996