Opinion
November 12, 1999
Appeal from the Supreme Court, Monroe County, Siracuse, J. — Negligence.
PRESENT: DENMAN, P. J., GREEN, SCUDDER, CALLAHAN AND BALIO, JJ.
Appeal from Order and Judgment of Order and judgment unanimously affirmed without costs.
Memorandum: Supreme Court properly granted defendant's motion for a directed verdict. It is well established that, to be entitled to judgment as a matter of law, "the defendant-movant must demonstrate that the plaintiff failed to make out a prima facie case; the plaintiff's evidence must be accepted as true, and the plaintiff must be given the benefit of every favorable inference which can be reasonably drawn from the evidence" (Campbell v. Rogers Wells, 218 A.D.2d 576, 580; see, Napolitano v. Dhingra, 249 A.D.2d 523, 524). Only when there is no rational process by which the jury could find for the plaintiff against the defendant should the motion be granted (see, Campbell v. Rogers Wells, supra, at 580; Harding v. Noble Taxi Corp., 182 A.D.2d 365). Plaintiff failed to present a prima facie case that defendant had actual or constructive notice of a dangerous condition on its property (see, George v. Ponderosa Steak House, 221 A.D.2d 710, 711; see also, Gernard v. Agosti, 228 A.D.2d 994, 995), and the common-law negligence cause of action and Labor Law § 200 claim were properly dismissed. For the same reason, the Labor Law § 241 (6) claim was properly dismissed (see, Rothschild v. Faber Homes, 247 A.D.2d 889, 891; McCague v. Walsh Constr., 225 A.D.2d 530, 531).