Townsend v. City of New York

—In an action to recover damages for personal injuries, the plaintiff appeals from a judgment of the Supreme Court, Queens County (Kitzes, J.), dated June 6, 2002, which, upon the granting of the defendant’s motion pursuant to CPLR 4401 to dismiss the complaint for failure to establish a prima facie case, dismissed the complaint.

*402Ordered that the judgment is affirmed, with costs.

The Supreme Court properly granted the defendant’s motion to dismiss the complaint. Viewing the evidence in the light most favorable to the plaintiff, there is no rational process by which a jury could find for the…