Opinion
2001-01611
Argued November 2, 2001.
November 26, 2001.
In an action to recover damages for personal injuries, the plaintiff appeals from a judgment of the Supreme Court, Kings County (Held, J.), dated January 24, 2001, which, upon the granting of the defendants' motion pursuant to CPLR 4401, made at the conclusion of the evidence, to dismiss the complaint for failure to establish a prima facie case, dismissed the action.
Kravet Hoefer, P.C., Bronx, N.Y. (John A. Maher of counsel), for appellant.
McCabe, Collins, McGeough Fowler, LLP, Mineola, N.Y. (Patrick Murphy of counsel), for respondents.
Before: GABRIEL M. KRAUSMAN, J.P., WILLIAM D. FRIEDMANN, ANITA R. FLORIO, THOMAS A. ADAMS, JJ.
ORDERED that the judgment is affirmed, with costs.
The Supreme Court properly granted the defendants' motion to dismiss the complaint for failure to establish a prima facie case pursuant to CPLR 4401. The test for determining whether the facts presented at trial pose a question for resolution by the jury is whether there is a valid line of reasoning and permissible inferences which could possibly lead rational jurors to the conclusion of negligence (see, Nallan v. Helmsley-Spear Inc., 50 N.Y.2d 507, 517; Cohen v. Hallmark Cards, 45 N.Y.2d 493, 499). Here, according the plaintiff every favorable inference from the evidence presented, there was no rational basis to support a finding of negligence (see, Novoni v. La Parma Corp., 278 A.D.2d 393; Capraro v. Staten Is. Univ. Hosp., 245 A.D.2d 256).
KRAUSMAN, J.P., FRIEDMANN, FLORIO and ADAMS, JJ., concur.