Wehr v. Long Island Railroad
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to recover damages for personal injuries, the plaintiff appeals from a judgment of the Supreme Court, Nassau County (Mahon, J.), entered March 21, 2006, which, upon granting the defendants’ 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 defendants and against her, dismissing the complaint.
Ordered that the judgment is affirmed, with costs.
“To be entitled to judgment as a matter of law pursuant to CPLR 4401, a defendant has the burden of showing that there *881is no…
2Cases cited6 opinions
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