Judgment unanimously affirmed, without costs.
Memorandum:
Plaintiff was injured when he was struck by a vehicle owned and operated by defendant while crossing a street. At the close of the evidence, defendant moved for a directed verdict. The trial court, which had heard the case without a jury, found that plaintiff had failed to prove a prima facie case under CPLR 4401 and directed entry of judgment for defendant. The trial court erred in granting
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