Legal Opinion

Griffin v. Clinton Green South, LLC

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

Decided June 14, 2012Published

1Opinion of the Court

OPINION OF THE COURT

Román, J.

In this action for personal injuries, we hold, inter alia, that while CPLR 4401, when properly applied, promotes judicial economy by narrowing, and at times even removing, issues submitted to the jury, it is reversible error to grant a motion for a directed verdict prior to the close of the party’s case against whom a directed verdict is sought.

On June 6, 2006, plaintiff, an employee of nonparty DiFama Concrete, was injured while working at a construction site owned by defendant Clinton Green South, LLC. Clinton Green, which was erecting several buildings and a…

2Cases cited15 opinions

  1. Cohen v. Hallmark Cards, Inc.New York Court of Appeals · 1978
  2. Ross v. Curtis-Palmer Hydro-Electric Co.New York Court of Appeals · 1993
  3. Comes v. New York State Electric & Gas Corp.New York Court of Appeals · 1993
  4. Rizzuto v. L.A. Wenger Contracting Co.New York Court of Appeals · 1998
  5. Russin v. Louis N. Picciano & SonNew York Court of Appeals · 1981

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