Doland v. Stephenson
Cases that cite this one
4 later published cases cite this decision.
- In re Favaloro (Appellate Division of the Supreme Court of New York 2012)
- Matter of Cascardo (Appellate Division of the Supreme Court of New York 2015)
- Frank-Shaevich v. Anand (Appellate Division of the Supreme Court of New York 2014)
- Elnakib v. County of Suffolk (Appellate Division of the Supreme Court of New York 2011)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
A trial court may grant a motion pursuant to CFLR 4401 for judgment as a matter of law where it 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”
Since there was insufficient evidence to show that the plaintiffs sustained any damage as a result of the subject accident, the Supreme Court properly granted the motions pursuant to CPLR 4401 for judgment as a matter of law. There was insufficient evidence from which the jury could rationally find that the plaintiff Keith Doland sustained an injury as a result of the first of the two subject accidents, or sustained an injury, or had an injury exacerbated, as a result of the second subject accident (cf. Ogunti v Hellman, 281 AD2d 404, 405 [2001]).
The plaintiffs’ remaining contentions are without merit. Dillon, J.E, Dickerson, Chambers and Miller, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.