Appellate Division of the Supreme Court of the State of New York June 1, 2004 (Fleet National Bank v. Cove Car Care Center, Inc.)

*226In an action, inter alia, to recover damages for breach of contract, the plaintiff appeals from a judgment of the Supreme Court, Nassau County (Lally, J.), dated May 27, 2003, which, upon the granting of the defendants’ motion pursuant to CPLR 4401, made at the close of evidence, for judgment as a matter of law, is in favor of the defendants and against it, dismissing the complaint.