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BENITEZ v. EWING

290 A.D.2d 466 (2002)

736 N.Y.S.2d 268

JUAN BENITEZ, Appellant, v. JAMES EWING et al., Respondents.

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

Decided January 22, 2002.

Ordered that the judgment is affirmed, with costs.

The Supreme Court properly granted the defendants' motion pursuant to CPLR 4401 for judgment as a matter of law, since, upon the evidence presented, there was no rational process by which the jury could find in favor of the plaintiff (see, Szczerbiak v Pilat, 90 N.Y.2d 553). The plaintiff failed to establish that the defendants had actual or constructive notice of the defective...

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