Virella v. Einhorn

—In an action to recover damages for personal injuries, etc., the plaintiffs appeal from a judgment of the Supreme Court, Kings County (Pincus, J.), entered August 24, 2000, which, upon granting the defendants’ motion pursuant to CPLR 4401 made at the close of the plaintiffs’ case to dismiss the complaint for failure to make out a prima facie case, is in favor of the defendants and against them dismissing the complaint.

Ordered that the judgment is affirmed, with costs.

The plaintiffs failed to establish a prima facie case that the dog which caused the injured plaintiff’s injuries had vicious…