Kotsakos v. Tsirigotis

In an action to recover damages for personal injuries, the plaintiff appeals from a judgment of the Supreme Court, Kings County (Hutcherson, J.), entered October 22, 2004, which, upon an order of the same court dated June 9, 2003, granting that branch of the defendants’ motion which was pursuant to CPLR 4401 for judgment as a matter of law, made at the close of the evidence, dismissed the complaint.

Ordered that the judgment is affirmed, with costs.

“A defendant’s motion pursuant to CPLR 4401 should be granted only when, accepting the plaintiff’s evidence as true, and according that evidence…