Appellate Division of the Supreme Court of the State of New York November 15, 2011 (Stern v. Goldstein)

Contrary to the plaintiffs’ contention, the Supreme Court properly denied their motion pursuant to CPLR 4401, made at *921the close of their case on the issue of liability, for judgment as a matter of law on that issue (see Gracie Sq. Realty Corp. v Choice Realty Corp., 305 NY 271, 278 [1953]; Martin Fireproofing Corp. v Maryland Cas. Co.