GRIFFIN v. CLINTON GREEN S.

6204, 14897/07, 6204A.

98 A.D.3d 41 (2012)

948 N.Y.S.2d 8

2012 NY Slip Op 4841

LEON GRIFFIN, Appellant-Respondent, v. CLINTON GREEN SOUTH, LLC, et al., Respondents-Appellants.

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

June 14, 2012.


Attorney(s) appearing for the Case

Pollack, Pollack, Isaac & DeCicco, New York City ( Brian J. Isaac and Seth R. Harris of counsel), for appellant-respondent.

Shaub, Ahmuty, Citrin & Spratt, LLP, Lake Success ( Christopher Simone and Deirdre E. Tracey of counsel), for respondents-appellants.

TOM, J.P., ANDRIAS, CATTERSON and ABDUS-SALAAM, JJ., concur.


OPINION OF THE COURT

ROMÁN, J.

In this action for personal injuries, we hold, inter alia, that while CPLR 4401, when properly applied, promotes judicial economy by narrowing, and at times even removing, issues submitted to the jury, it is reversible error to grant a motion for a directed verdict prior to the close of the party's case against whom a directed verdict is sought.

On June 6, 2006, plaintiff, an employee of nonparty DiFama Concrete...

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