RACITI v. CITY OF YONKERS


307 A.D.2d 309 (2003)

762 N.Y.S.2d 519

MARIA D. RACITI, Appellant, v. CITY OF YONKERS, Respondent.

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

Decided July 21, 2003.


Ordered that the order is affirmed, with costs.

The trial court correctly granted the defendant's motion pursuant to CPLR 4401 to dismiss the complaint. Viewing the evidence in the light most favorable to the plaintiff, there was no rational process by which the jury could have found in her favor (see Szczerbiak v Pilat, 90 N.Y.2d 553, 556 [1997]; Colon v Ladalia, 301 A.D.2d 621...

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