Simcha v. Simcha

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order and judgment (one paper) of the Supreme Court, Rockland County (Weiner, J.), entered May 16, 2001, which granted the defendants’ motion pursuant to CPLR 4401 made at the close of the evidence for judgment as a matter of law on the ground that the plaintiffs failed to present a prima facie case and dismissed the complaint.

Ordered that the order and judgment is affirmed, with costs.

The infant plaintiff was burned while sitting on the kitchen floor when the then six-year-old defendant, Naftali…