Reyes v. Kimball
Opinion of the Court
—Judgment, Supreme Court, Bronx County (Bertram Katz, J.), entered January 20, 1999, dismissing the complaint and bringing up for review an order, same court and Justice, entered on or about April 10, 1998, which, in a products liability action, granted the motion by defendant manufacturers, at the close of plaintiffs’ evidence, to dismiss the complaint for failure to make out a prima facie case, unanimously affirmed, without costs. Appeal from order, entered on or about April 10, 1998, unanimously dismissed, without costs, as subsumed in the appeal from the ensuing judgment.
The complaint was properly dismissed at the close of plaintiffs’ evidence since that evidence would not have permitted the jury to conclude rationally that the chair from which plaintiff fell suffered from a design defect at the time defendant manufacturers placed it in the stream of commerce (see, D’Elia v Martin A. Gleason, Inc., Funeral Homes, 250 AD2d
Case-law data current through December 31, 2025. Source: CourtListener bulk data.