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BERGDOLL v. PEREZ

282 A.D.2d 419 (2001)

722 N.Y.S.2d 588

PETER BERGDOLL, Plaintiff, and ROMAN LUKASIEWICZ, Respondent, v. JERRY PEREZ et al., Appellants, et al., Defendants.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided April 2, 2001.

Ordered that the judgment is affirmed, with costs.

The trial court properly refused to grant the appellants' motion pursuant to CPLR 4401 for judgment as a matter of law, made at the conclusion of all the evidence, since, as the record establishes, there was a rational process by which the jury could find for the injured plaintiff (see, McCloud v Marcantonio, 106 A.D.2d 493; Lipsius v White, 91 A.D...

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