Doland v. Stephenson

A trial court may grant a motion pursuant to CFLR 4401 for judgment as a matter of law where it 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” *790(Szczerbiak v Pilat, 90 NY2d 553, 556 [1997]). In considering the motion, “the trial court must afford the party opposing the motion every inference which may properly be drawn from the facts presented, and the facts must be considered in a light most favorable to the nonmovant” (id. at 556).

Since there was insufficient evidence to show that the…