Bixby v. Eddy

OPINION OF THE COURT

Mercure, J.

Plaintiffs commenced this action alleging, inter alia, defendants’ negligence in causing physical injuries and property damage sustained when a motorcycle driven by plaintiff Jon P. Bixby slid off a curve and turned on its side. The matter came on for trial and, at the conclusion of plaintiffs’ case, Supreme Court dismissed the complaint pursuant to CPLR 4401. Plaintiffs appeal.

We affirm. The evidence adduced at trial, viewed in a light most favorable to plaintiffs (see, Hylick v Halweil, 112 AD2d 400), follows. Plaintiffs became involved in a verbal altercation…