Eaton v. Harmer

Doerr and Lawton, JJ.

(dissenting). We disagree with the majority’s conclusion that the trial court properly directed a verdict against defendant. A motion for a directed verdict may be granted only if the court determines "that by no rational process could the trier of facts base a finding in favor of the defendant upon the evidence * * * presented” (Blum, v Fresh Grown Preserve Corp., 292 NY 241, 245). Further, the court must view the evidence in the light most favorable to the nonmoving party and not engage in a weighing of the evidence (Dolitsky v Bay Isle Oil Co., 111 AD2d 366).

Here,…