Healy v. Spector

—In an action to recover damages for personal injuries, etc., the plaintiffs appeal from a judgment of the Supreme Court, Nassau County (Winick, J.), entered June 29, 2000, which, after a nonjury trial, and upon granting the defendant’s motion pursuant to CPLR 4401 made at the close of the plaintiffs’ case to dismiss the complaint for failure to establish a prima facie case, is in favor of the defendant and against them dismissing the complaint.

Ordered that the judgment is affirmed, with costs.

When considering whether a plaintiff has established a prima facie case, the evidence must be viewed…