Ordered that the judgment is reversed, on the law, with costs, the motion is denied, the complaint is reinstated, and a new trial is granted.
To be entitled to judgment as a matter of law, a defendant has the burden of showing that, upon the evidence presented, there is no rational process by which the jury could find in favor of the plaintiff (see, Slutzky v Aron Estates Corp.,
Viewing the evidence...
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.