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STANCATI v. GUNZBURG

2016-07854 Index No. 2572/10.

159 A.D.3d 1011 (2018)

70 N.Y.S.3d 849

2018 NY Slip Op 02180

RICHARD STANCATI et al., Appellants, v. JANET GUNZBURG, Respondent.

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

Decided March 28, 2018.

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 that, upon the evidence presented, there is "no rational process by which the jury could find in favor of the nonmoving party" (Tapia v Dattco, Inc., 32 A.D.3d 842, 844 [2006]; see Szczerbiak v Pilat, 90 N.Y.2d 553,...

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