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KUEHNER v. CITY OF YONKERS

182 A.D.2d 806 (1992)

Ann J. Kuehner, Individually and as Executrix of The Estate of Gary S. Kuehner, Deceased, Appellant, v. City of Yonkers et al., Respondents, et al., Defendants

Appellate Division of the Supreme Court of the State of New York, Second Department.

April 27, 1992

Ordered that the judgment is affirmed, without costs or disbursements.

It is well settled that a motion to dismiss for failure to establish a prima facie case should only be granted if there is no rational process by which a jury could find for the plaintiff and against the moving defendant upon the evidence presented (see, Gruntz v Deepdale Gen. Hosp., 163 A.D.2d 564; Blum v Fresh Grown Preserve Corp., 292...

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