Ordered that the order is reversed, on the law, with costs, the judgment is vacated, the defendant's oral application pursuant to CPLR 4401 for judgment as a matter of law for the plaintiff's failure to establish a prima facie case is granted, and the complaint is dismissed.
"A motion for judgment as a matter of law pursuant to CPLR 4401 or 4404 may be granted only when the trial court determines that, upon the evidence presented, there is no valid line of reasoning...
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