Dominicus v. City of Yonkers

—In an action to recover damages for personal injuries, the plaintiff appeals from a judgment of the Supreme Court, Westchester County (Rudolph, J.), entered September 18, 2000, which, upon the granting of the defendants’ motion, inter alia, pursuant to CPLR 4401, for judgment in their favor as a matter of law at the close of all the evidence, dismissed the complaint.

Ordered that the judgment is affirmed, with costs.

At trial, the plaintiff testified that while skating at an ice rink owned by the defendants, her foot caught in a hole in the ice and she fell. The plaintiff, however, did not…