Singer v. Long Island Lighting Co.

In an action to recover damages for personal injuries, the plaintiff appeals from a judgment of the Supreme Court, Nassau County (Alpert, J.), dated April 30, 1993, which, upon the granting of the defendant’s motion pursuant to CPLR 4401, made at the close of the plaintiff’s case to dismiss the complaint for failure to establish a prima facie case, is in favor of the defendant and against him.

Ordered that the judgment is reversed, on the law, the motion is denied, the complaint is reinstated, and a new trial is ordered, with costs to abide the event.

The plaintiff was injured on April 27,…