Legal Opinion
Diaz v. Bryant
Appellate Division of the Supreme Court of the State of New York
Decided May 23, 2006PublishedCited by 2 opinions
1Opinion of the Court
In an action to recover damages for personal injuries, the plaintiff appeals from a judgment of the Supreme Court, Kings County (Harkavy, J.), dated December 21, 2004, which, upon the granting of the defendants’ motions pursuant to CPLR 4401 for judgment as a matter of law, made at the close of the plaintiffs case, dismissed the complaint.
Ordered that the judgment is affirmed, with one bill of costs to the respondents appearing separately and filing separate briefs.
“The proper legal standard for deciding a motion pursuant to *855CPLR 4401 is whether, giving the plaintiffs every favorable…
2Cases cited10 opinions
- Cohen v. Hallmark Cards, Inc.New York Court of Appeals · 1978
- Szczerbiak v. PilatNew York Court of Appeals · 1997
- Bongiovi v. HoffmanAppellate Division of the Supreme Court of the State of New York · 2005
- De Vito v. KatschAppellate Division of the Supreme Court of the State of New York · 1990
- Godlewska v. NiznikiewiczAppellate Division of the Supreme Court of the State of New York · 2004
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3Cited by2 opinions
- Kosturek v. KosturekAppellate Division of the Supreme Court of the State of New York · 2013
- Kosturek v. KosturekAppellate Division of the Supreme Court of the State of New York · 2013