Alayo v. City of New York

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from a judgment of the Supreme Court, Queens County (Harbater, J.), dated April 18, 1994, which, upon the defendant’s motion for judgment as a matter of law made at the conclusion of the plaintiffs’ case, dismissed their complaint for failure to make out a prima facie case.

Ordered that the judgment is affirmed, with costs.

We agree with the trial court that the plaintiffs failed to make out a prima facie case of negligence at trial. The *568circumstantial evidence presented by the plaintiffs as to the happening of…