Morris v. City of New York

In granting a motion pursuant to CPLR 4401 for judgment as a matter of law, the trial court must determine that by no *818rational process could the trier of fact find in favor of the nonmoving party on the evidence presented (see Szczerbiak v Pilat, 90 NY2d 553 [1997]; Alicea v Ligouri, 54 AD3d 784 [2008]; Alameldin v Kings Castle Caterers, Inc., 53 AD3d 514 [2008]). Here, the trial court properly granted the defendant’s- motion, in effect, pursuant to CPLR 4401. The plaintiffs failed to submit evidence sufficient to establish, prima facie, that the defendant had prior written notice of the…