Opinion
2001-03156
Submitted December 14, 2001.
January 22, 2002.
In an action to recover damages for personal injuries, the plaintiff appeals from a judgment of the Supreme Court, Suffolk County (Burke, J.), entered February 27, 2001, which, upon the granting of the defendants' motion pursuant to CPLR 4401 for judgment in their favor as a matter of law at the close of the evidence, dismissed the complaint.
David K. Lieb, P.C., Center Moriches, N.Y. (Andrea L. Thompson of counsel), for appellant.
Gallacher, Kushel Horvat, Riverhead, N.Y. (David M. Reilly of counsel), for respondents.
Before: SANDRA J. FEUERSTEIN, J.P., GABRIEL M. KRAUSMAN, WILLIAM D. FRIEDMANN, ROBERT W. SCHMIDT, JJ.
ORDERED that the judgment is affirmed, with costs.
The Supreme Court properly granted the defendants' motion pursuant to CPLR 4401 for judgment as a matter of law, since, upon the evidence presented, there was no rational process by which the jury could find in favor of the plaintiff (see, Szczerbiak v. Pilat, 90 N.Y.2d 553). The plaintiff failed to establish that the defendants had actual or constructive notice of the defective condition which allegedly caused his injuries (see, Piacquadio v. Recine Realty Corp., 84 N.Y.2d 967; Gordon v. American Museum of Natural History, 67 N.Y.2d 836; Appleby v. Webb, 186 A.D.2d 1078).
FEUERSTEIN, J.P., KRAUSMAN, FRIEDMANN and SCHMIDT, JJ., concur.