Judgment as a matter of law CPLR 4401 & 4404

CPLR  R. 4401 Motion for judgment during trial

CPLR  R. 4404 Post-trial motion for judgment and new trial

Adler v Bayer2010 NY Slip Op 07300 (App. Div., 2nd 2010)

"A motion for judgment as a matter of law pursuant to CPLR 4401 or 4404 may be granted only when the trial court determines that, upon the evidence presented, there is no valid line of reasoning and permissible inferences which could possibly lead rational persons to the conclusion reached by the jury upon the evidence presented at trial, and no rational process by which the jury could find in favor of the nomoving party" (Hamilton v Rouse, 46 AD3d 514, 516; Tapia v Dattco, Inc., 32 AD3d 842, 844). In considering such a motion, "the trial court must afford the party opposing the motion every inference which may properly be drawn from the facts presented, and the facts must be considered in a light most favorable to the nonmovant" (Szczerbiak v Pilat, 90 NY2d 553, 556). 


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