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COLON v. LADALIA

301 A.D.2d 621 (2003)

753 N.Y.S.2d 888

JOSEPH COLON et al., Appellants, v. KATHLEEN LADALIA, Respondent.

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

Decided January 27, 2003.

Ordered that the judgment is affirmed, with costs.

The Supreme Court correctly granted the defendant's motion pursuant to CPLR 4401 to dismiss the complaint. There was no rational process by which the jury could have found in favor of the plaintiffs (see Szczerbiak v Pilat, 90 N.Y.2d 553, 556). "In order to prevail at trial in a negligence case, a plaintiff must establish by a preponderance of the evidence that the defendant...

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