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CARP v. DUNN

2007-07286.

2008 NY Slip Op 06136

JANET CARP, ET AL., appellants, v. DAVID DUNN, respondent.

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

Decided July 1, 2008.

Attorney(s) appearing for the Case

Daniel E. Bertolino, P.C., Upper Nyack, N.Y., for appellants.

Greher Law Offices, P.C., New Windsor, N.Y. (Warren Greher and John A. McHugh of counsel), for respondent.

Before: REINALDO E. RIVERA, J.P., ROBERT A. LIFSON, JOSEPH COVELLO, RUTH C. BALKIN, JJ.

DECISION & ORDER

ORDERED that the judgment is affirmed, with costs.

A trial court should grant a motion pursuant to CPLR 4401 for judgment as a matter of law if there is no rational process by which the jury could find in favor of the nonmoving party upon the evidence presented (see Szczerbiak v. Pilat, 90 N.Y.2d 553, 556; Kleinmunz v. Katz, 190 A.D.2d 657). Viewing...

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