Ordered that the order and judgment is affirmed, with costs.
Contrary to the plaintiff's contention, the Supreme Court properly granted the defendant's motion pursuant to CPLR 4401 which was for judgment in its favor as a matter of law, made at the close of evidence, on the ground that the plaintiff failed to establish a prima facie case of negligence. Viewing the evidence in the light most favorable to the plaintiff, there was no rational process by which the jury...
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