The following excerpt is from Pollara v. Seymour, 344 F.3d 265 (2nd Cir. 2003):
Since we decide in this appeal that judgment as a matter of law is appropriate notwithstanding the propriety of holding a bench trial, the few disputed material facts are recounted in the light most favorable to Pollara. Cf. Nadel v. Isaksson, 321 F.3d 266, 272 (2d Cir.2003) (recounting standard for granting motion for judgment as a matter of law).
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