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RYZAK v. ANDERSON

2014-11781, Index No. 3369/12.

135 A.D.3d 737 (2016)

22 N.Y.S.3d 877

2016 NY Slip Op 00175

GRAZIA RYZAK, Appellant, v. GARY D. ANDERSON et al., Respondents.

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

Decided January 13, 2016.

Ordered that the judgment is affirmed, with one bill of costs.

"A trial court's grant of a CPLR 4401 motion for judgment as a matter of law is appropriate where the trial court finds that, 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]; see

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