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BENINCASA v. VILLAGE OF IRVINGTON

290 A.D.2d 406 (2002)

737 N.Y.S.2d 295

HELENE B. BENINCASA et al., Appellants, v. VILLAGE OF IRVINGTON, Respondent.

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

Decided January 14, 2002.

Ordered that the judgment is affirmed, with costs.

The Supreme Court properly granted the defendant's motion pursuant to CPLR 4401 for judgment as a matter of law. On the evidence presented, there is no rational process by which the finder of fact could reach a verdict in favor of the plaintiffs (see, Szczerbiak v Pilat, 90 N.Y.2d 553). Contrary to the plaintiffs' contentions, the prior written notice requirements of Village...

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