Opinion
March 29, 1971
In an action to recover damages for personal injuries and wrongful death, plaintiff appeals from a judgment of the Supreme Court, Kings County, entered December 8, 1969, in favor of defendants upon a directed verdict at the close of a trial of the issues of liability only, as modified by an order of said court dated May 14, 1970, reducing the taxed amount of the costs and disbursements of defendant Pace Motor Sales, Inc. Judgment, as modified, affirmed, without costs. In our view, the trial court's direction of a verdict in favor of defendants was proper, for "by no rational process could the trier of the facts base a finding in favor of the * * * [plaintiffs] upon the evidence here presented" ( Blum v. Fresh Grown Preserve Corp., 292 N.Y. 241, 245). In the light of all the evidence, plaintiff Faye Sankin's claim that she lost control of her automobile because a defective tie rod collar fractured as the vehicle came out of a sharp turn is incredible as a matter of law. Rabin P.J., Latham, Christ, Brennan and Benjamin, JJ., concur.