Melendez v. City of New York

In an action to recover damages for personal injuries, the plaintiff appeals, as limited by his brief, from so much of a judgment of the Supreme Court, Queens County (Kelly, J), entered January 28, 2009, as, upon the granting of the motion of the defendants City of New York, Department of Environmental Protection, Bureau of Water Energy and Conservation, and New York State Housing Preservation and Development Corp. pursuant to CPLR 4401, made at the close of evidence, for judgment as a matter of law for the plaintiffs failure to establish a prima facie case, is in favor of those defendants…