Moore v. City of Troy

*843Plaintiff was appointed administratrix of decedent’s estate and brought the instant wrongful death action against defendant. After a trial the jury returned a verdict in favor of plaintiff, finding that defendant was negligent both in its supervision and attempted resuscitation of decedent, and awarded damages in the sum of $77,400. These appeals followed.

Supreme Court erred in denying defendant’s motion made at the close of evidence to dismiss the complaint for failure to establish a prima facie case of negligence. Supreme Court had initially reserved decision on the motion but denied it in…