Opinion
December 29, 1997
Appeal from the Supreme Court, Dutchess County (Hillery, J.).
Ordered that the cross appeal is dismissed, as the defendants are not aggrieved by the judgment ( see, CPLR 5511; Pennsylvania Gen. Ins. Co. v. Austin Powder Co., 68 N.Y.2d 465) ; and it is further,
Ordered that the judgment is affirmed insofar as appealed from; and it is further,
Ordered that the defendants are awarded one bill of costs.
Giving the plaintiff the benefit of every favorable inference to be reasonably drawn from the evidence, there was no rational basis upon which the jury might have concluded that the defendants were liable for the plaintiff's alleged injuries ( see, Vehicle and Traffic Law § 1104; Saarinen v. Kerr, 84 N.Y.2d 494; Campbell v. City of Elmira, 84 N.Y.2d 505). Accordingly, the court did not err in granting the defendants' motion for judgment as a matter of law ( see, CPLR 4401; Rhabb v. New York City Hous. Auth., 41 N.Y.2d 200).
Ritter, J. P., Sullivan, Goldstein and Lerner, JJ., concur.