DOHERTY v. KING KULLEN GROCERY CO., INC.


261 A.D.2d 568 (1999)

688 N.Y.S.2d 912

FRANK DOHERTY et al., Appellants, v. KING KULLEN GROCERY CO., INC., Respondent.

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

Decided May 24, 1999.


Ordered that the judgment is affirmed, with costs.

The Supreme Court properly granted the defendant's motion pursuant to CPLR 4401 for judgment in its favor as a matter of law. Viewing the evidence presented in the light most favorable to the plaintiffs, and giving them every reasonable inference which may properly be drawn therefrom, there was no rational process by which the jury could have found that the defendant created the condition which caused the injured...

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