THE JURY RENDERED A VERDICT IN FAVOR OF PLAINTIFF, FINDING THAT DEFENDANT UNDULY INFLUENCED DECEDENT TO NAME HIM AS THE SOLE BENEFICIARY OF TWO BROKERAGE ACCOUNTS; THE CONCLUSORY AND SPECULATIVE PROOF OF UNDUE INFLUENCE DID NOT SUPPORT THE VERDICT; DEFENDANT’S MOTION FOR JUDGMENT AS A MATTER OF LAW SHOULD HAVE BEEN GRANTED (SECOND DEPT).

The Second Department, reversing Supreme Court, determined the defendant’s post-verdict motion for judgment as a matter of law (CPLR 4401) dismissing the complaint should have been granted. Plaintiff alleged defendant unduly influenced the decedent to remove plaintiff as a beneficiary of two brokerage accounts and name defendant as the sole beneficiary. The court explained the shifting burdens of proof:

“‘A motion for judgment as a matter of law pursuant to CPLR 4401 or 4404 may be granted only when the trial court determines that, upon the evidence presented, there is no valid line of reasoning and permissible inferences which could possibly lead rational persons to the conclusion reached by the jury upon the evidence presented at trial, and no rational process by which the jury could find in favor of the nonmoving party'” … . “In determining whether the defendant has met this burden, a court must accept the plaintiff’s evidence as true and accord the plaintiff the benefit of every reasonable inference which can reasonably be drawn from the evidence presented at trial” … .

“Generally, the burden of proving undue influence rests with the party asserting its existence” … . “Where, however, the existence of a confidential relationship is established, the burden shifts to the beneficiary of the transaction to show that the transaction is fair and free from undue influence” … . “‘In order to demonstrate the existence of a confidential relationship, there must be evidence of circumstances that demonstrate inequality or a controlling influence'” … .

… [T]he plaintiff did not establish that a confidential relationship existed between the decedent and the defendant … . * * *

As a result, the burden of proving undue influence remained upon the plaintiff … . * * *

… [P]laintiff presented only conclusory and speculative evidence that the defendant exercised undue influence over the decedent … . “‘[A] mere showing of opportunity and even of a motive to exercise undue influence does not justify a submission of that issue to the jury, unless there is in addition evidence that such influence was actually utilized'” … . Collins v Denaro, 2026 NY Slip Op 03142, Second Dept 5-20-26

Practice Point: Consult this decision for insight into  the shifting burdens of proof applied to a motion for a judgment as a matter of law made by a defendant after a plaintiff’s verdict. Here the appellate court determined the conclusory and speculative evidence did not support the jury’s verdict.