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CROMEDY v. CITY OF NEW YORK

10139, 309450/12.

176 A.D.3d 545 (2019)

108 N.Y.S.3d 852

2019 NY Slip Op 07527

Muhammed Cromedy, Appellant, v. City of New York et al., Respondents.

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

Decided October 22, 2019.

Attorney(s) appearing for the Case

Sivin & Miller, LLP, New York (Glenn D. Miller of counsel), for appellant.

Georgia M. Pestana, Acting Corporation Counsel (Ingrid R. Gustafson of counsel), for respondents.

Concur—Acosta, P.J., Richter, Mazzarelli, Webber, Kern, JJ.

The denial of a fair trial claim is a stand alone cause of action (see e.g. Garnett v Undercover Officer C0039, 838 F.3d 265, 278-279 [2d Cir 2016]), which should not have been dismissed prior to the conclusion of plaintiff's case in chief. CPLR 4401 permits a party to move for a directed verdict "after the close of the evidence presented by an opposing party with respect to such cause of action or issue." "[I]t is reversible error...

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