Appellate Division of the Supreme Court of the State of New York November 22, 2011 (Al-Shahrani v. Hudson Auto Traders, Inc.)

“A motion for judgment as a matter of law pursuant to CPLR 4401 may be granted only when the trial court determines 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’ ” (Hoberg v Shree Granesh, LLC, 85 AD3d 965, 966 [2011], quoting Szczerbiak v Pilat, 90 NY2d 553, 556 [1997]).