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KLEINMUNZ v. KATZ

190 A.D.2d 657 (1993)

Eva Kleinmunz, Appellant, v. Alvin Katz et al., Respondents

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

February 1, 1993

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

It is well settled that a motion pursuant to CPLR 4401 to dismiss for failure to establish a prima facie case should be granted if there is no rational process by which a jury could find for a plaintiff and against a defendant upon the evidence presented (see, Gruntz v Deepdale Gen. Hosp., 163 A.D.2d 564; Blum v Fresh Grown Preserve Corp.

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