Miller v Bah, 2010 NY Slip Op 04753 (2d Dept. 2010)
“After he testified, the plaintiff, who did not identify the defendant in court as the driver of the offending vehicle, rested his case without calling another witness, or offering an accident report into evidence. The defendant, who did not present a case, then moved pursuant to CPLR 4401 for judgment as a matter of law.”
Defendant eventually receives the directed verdict, and a malpractice case may be on its way.