Opinion
2003-03840.
Decided June 21, 2004.
In an action, inter alia, to recover damages for personal injuries, etc., the plaintiffs appeal from a judgment of the Supreme Court, Nassau County (Dunne, J.), dated March 31, 2003, which, upon the granting of the motion of the defendants Long Island University and Ed Goodhines pursuant to CPLR 4401 for judgment as a matter of law, made at the close of the evidence, dismissed the complaint insofar as asserted against those defendants.
Samuel Weininger (Mauro, Goldberg Lilling, LLP, Great Neck, N.Y. [Kenneth Mauro and Richard J. Montes] of counsel), for appellants.
Vincent D. McNamara, East Norwich, N.Y. (Anthony Marino of counsel), for respondents.
Before: ANITA R. FLORIO, J.P., THOMAS A. ADAMS, BARRY A. COZIER, ROBERT A. LIFSON, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed, with costs.
A motion pursuant to CPLR 4401 for judgment as a matter of law should be granted where "the trial court 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" ( Szczerbiak v. Pilat, 90 N.Y.2d 553, 556; see Holt v. Welding Servs., 264 A.D.2d 562; Shpritzman v. Strong, 248 A.D.2d 524). Under the circumstances here, the trial court properly granted the motion for judgment as a matter of law dismissing the complaint insofar as asserted against the defendants Long Island University and Ed Goodhines.
The exclusion of cumulative evidence, at most, constituted harmless error ( see Segnit v. Stuhr Gardens Hous. Dev. Fund Co., 227 A.D.2d 612; Tannen v. Long Is. R.R., 215 A.D.2d 745; Walker v. State of New York, 111 A.D.2d 164).
FLORIO, J.P., ADAMS, COZIER and LIFSON, JJ., concur.