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DiGIOVANNI v. RAUSCH

226 A.D.2d 420 (1996)

640 N.Y.S.2d 793

Amanda DiGiovanni, an Infant, by Her Mother and Natural Guardian, Carolyn DiGiovanni, et al., Appellants-Respondents, v. William Rausch, Defendant and Third-Party Plaintiff-Respondent-Appellant, et al., Defendants. John DiGiovanni, Third-Party Defendant-Respondent

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

April 8, 1996

Ordered that the judgment is affirmed insofar as appealed and cross- appealed from, without costs or disbursements.

It is well-settled that a motion to dismiss a complaint for failure to establish a prima facie case should only be granted if, upon viewing the evidence in a light most favorable to the plaintiff, there is no rational process by which a jury could find for the plaintiff and against the moving defendant (Hughes v New York Hosp.-Cornell Med. Ctr.

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