Doherty v. King Kullen Grocery Co.

—In an action to recover damages for personal injuries, etc., the plaintiffs appeal from a judgment of the Supreme Court, Suffolk County (Berler, J.), entered May 8, 1998, which, upon a determination of the defendant’s motion pursuant to CPLR 4401 made at the close of trial for judgment in its favor as a matter of law, is in favor of the defendant and against them, dismissing the complaint.

Ordered that the judgment is affirmed, with costs.

The Supreme Court properly granted the defendant’s motion pursuant to CPLR 4401 for judgment in its favor as a matter of law. Viewing the evidence presented…