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YOUNG v. TIRRELL

1 A.D.3d 509 (2003)

767 N.Y.S.2d 121

JAMES S. YOUNG, SR., et al., Appellants, v. JANE TIRRELL et al., Respondents.

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

November 17, 2003.

Ordered that the judgment is affirmed, with costs.

Viewing the evidence in the light most favorable to the plaintiffs and giving them the benefit of every favorable inference (see Zboray v Fessler, 154 A.D.2d 367 [1989]), the Supreme Court correctly granted the defendants' motion pursuant to CPLR 4401 for judgment as a matter of law at the close of the plaintiff's case due to the plaintiffs' failure to make out a prima facie...

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