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DONAHEY v. CHAMBERLIN

61 A.D.3d 818 (2009)

876 N.Y.S.2d 889

J. DAVID DONAHEY, Appellant, v. LINDEN CHAMBERLIN, Respondent.

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

Decided April 21, 2009.

Ordered that the judgment is affirmed, with costs.

A motion for judgment as a matter of law pursuant to CPLR 4401 may be granted only when the trial court determines, upon the evidence presented, "there is no rational process by which the fact trier could base a finding in favor of the nonmoving party" (Szczerbiak v Pilat, 90 N.Y.2d 553, 556 [1997]; Handwerker v Dominick L. Cervi, Inc., 57 A.D.3d 615...

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