CPLR R. 4404 “…obliged to consider all of the evidence…”

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

Bolton v Express, 2010 NY Slip Op 09203 (App. Term Div., 2nd 2010)

The defendants John Ajah and Ejioleh (hereinafter together the defendants) subsequently moved, inter alia, pursuant to CPLR 4404(a) to set aside the jury verdict on the issue of liability and for judgment as a matter of law on the ground that the verdict was not supported by legally sufficient evidence. The trial court granted those branches of the motion which were pursuant to CPLR 4404(a) to set aside the jury verdict on the issue of liability and for judgment as a matter of law on the ground that the jury verdict was not supported by legally sufficient evidence, stating that the plaintiff had failed to establish that the "defendants' vehicle was, in fact, the vehicle that collided with his vehicle." We reverse the order insofar as appealed from.

For a court to conclude that a jury verdict is not supported by legally sufficient [*2]evidence, there must be no valid line of reasoning and permissible inferences which could possibly lead rational persons to the conclusions reached by the jury on the basis of the evidence presented at trial (see Cohen v Hallmark Cards, 45 NY2d 493, 499; Nicastro v Park, 113 AD2d 129, 132). Any defect in the plaintiff's case was cured by the evidence presented on the defendants' direct case. Contrary to the defendants' contention, in determining whether the plaintiff's initial burden has been established, the Supreme Court is obliged to consider all of the evidence, including the proof adduced by the defendants which cures any defects in the plaintiff's case (see Bopp v New York Elec. Veh. Transp. Co., 177 NY 33, 35; Beck v Northside Med., 25 AD3d 631, 633; Gibson, Dunn & Crutcher v Global Nuclear Servs. & Supply, 280 AD2d 360, 362; Keeton v Cardinal O'Hara High School, 233 AD2d 839; National Bank of N. Am. v Systems Home Improvement, 69 AD2d 557, 562, affd 50 NY2d 814; Calandra v Martino, 2002 NY Slip Op 40050[U], 2002 WL 554315 [App Term, 2nd, 11th Jud Dists 2002]).