STEA v. CITY OF NEW YORK


240 A.D.2d 725 (1997)

660 N.Y.S.2d 997

Sam Stea et al., Appellants, v. City of New York, Respondent

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

June 30, 1997


Ordered that the judgment is affirmed, with costs.

We decline to disturb the Supreme Court's dismissal of the complaint at the close of the evidence (see, CPLR 4401). Viewing the evidence in the light most favorable to the plaintiffs and giving them the benefit of every reasonable inference, there is no rational process by which the jury could have found in their favor (see, Xenakis v Vorilas, 166 A.D.2d 586

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