Opinion
Argued April 18, 2001.
May 7, 2001.
In an action, inter alia, to recover damages for wrongful death, the plaintiff appeals from a judgment of the Supreme Court, Suffolk County (Gowan, J.), entered December 17, 1999, which, upon the granting of the defendants' motion, in effect, pursuant to CPLR 4401 made at the close of the plaintiff's case for judgment in their favor as a matter of law, dismissed the complaint.
Albanese Albanese LLP, Garden City, N.Y. (Diana C. Prevete and Vincent M. Albanese of counsel), for appellant.
Robert J. Cimino, County Attorney, Hauppauge, N.Y. (Anthony P. Moncayo of counsel), for respondents.
Before: SANTUCCI, J.P., FLORIO, H. MILLER and SCHMIDT, JJ.
ORDERED that the judgment is affirmed, with costs.
The plaintiff's decedent was killed when his vehicle rear-ended a tractor-trailer truck owned by the defendant County of Suffolk. Even accepting the plaintiff's evidence as true, and giving the plaintiff the benefit of the most favorable inferences which can reasonably be drawn from the evidence, the defendants were entitled to judgment as a matter of law (see, Singer v. Long Is. Light. Co., 211 A.D.2d 779, 980).
The plaintiff's remaining contentions are without merit.