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JONES v. GOODING

50 A.D.3d 968 (2008)

856 N.Y.S.2d 661

RONALD JONES, Appellant, v. PATRICK N. GOODING, Respondent.

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

Decided April 22, 2008.

Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court properly granted that branch of the defendant's renewed motion which was, in effect, pursuant to CPLR 4401 for judgment as a matter of law since "upon the evidence presented, there [was] no rational process by which the fact trier could" find that the plaintiff sustained a serious injury (Szczerbiak v Pilat, 90 N.Y.2d 553, 556 [1997...

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