Kuehner v. City of Yonkers

Appellate Division of the Supreme Court of New York

Kuehner v. City of Yonkers

182 A.D.2d 806

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 27, 1992

StatusPublished

Cited by1 cases

This text of 182 A.D.2d 806 (Kuehner v. City of Yonkers) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Kuehner v. City of Yonkers, 182 A.D.2d 806 (N.Y. Ct. App. 1992).

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Opinion

In a wrongful death action, the plaintiff appeals from a judgment of the Supreme Court, Westchester County (Marbach, J.), entered September 15, 1989, which upon a ruling granting the respondents’ motion made at the close of the plaintiff’s case, to dismiss the complaint for failure to make out a prima facie case, is in favor of the respondents and against her.

Ordered that the judgment is affirmed, without costs or disbursements.

It is well settled that a motion to dismiss for failure to establish a prima facie case should only be granted if there is no rational process by which a jury could find for the plaintiff and against the moving defendant upon the evidence presented (see, Gruntz v Deepdale Gen. Hosp., 163 AD2d 564; Blum v Fresh Grown Preserve Corp., 292 NY 241, 245). Viewing the plaintiff’s evidence as to negligence and proximate cause in a light most favorable to her (see, Wragge v Lizza Asphalt Constr. Co., 17 NY2d 313), we find that there was insufficient evidence adduced from which a reasonable person might conclude that the respondents were negligent and that their negligence proximately caused the decedent’s death. Eiber, J. P., O’Brien, Copertino and Pizzuto, JJ., concur.

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In a wrongful death action, the plaintiff appeals from a judgment of the Supreme Court, Westchester County (Marbach, J.), entered September 15, 1989, which upon a ruling granting the respondents’ motion made at the close of the plaintiff’s case, to dismiss the complaint for failure to make out a prima facie case, is in favor of the respondents and against her.

Ordered that the judgment is affirmed, without costs or disbursements.

It is well settled that a motion to dismiss for failure to establish a prima facie case should only be granted if there is no rational process by which a jury could find for the plaintiff and against the moving defendant upon the evidence presented (see, Gruntz v Deepdale Gen. Hosp., 163 AD2d 564; Blum v Fresh Grown Preserve Corp., 292 NY 241, 245). Viewing the plaintiff’s evidence as to negligence and proximate cause in a light most favorable to her (see, Wragge v Lizza Asphalt Constr. Co., 17 NY2d 313), we find that there was insufficient evidence adduced from which a reasonable person might conclude that the respondents were negligent and that their negligence proximately caused the decedent’s death. Eiber, J. P., O’Brien, Copertino and Pizzuto, JJ., concur.

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Bluebook (online)

182 A.D.2d 806, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kuehner-v-city-of-yonkers-nyappdiv-1992.

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