ZELDIN v. MENDELSOHN

ORDERED that the judgment is affirmed, with costs.

The Supreme Court properly granted the defendants' motion to dismiss the complaint for failure to establish a prima facie case pursuant to CPLR 4401. The test for determining whether the facts presented at trial pose a question for resolution by the jury is whether there is a valid line of reasoning and permissible inferences which could possibly lead rational jurors to the conclusion of negligence (see, Nallan v. Helmsley-Spear Inc., 50 N.Y.2d 507, 517; Cohen v. Hallmark Cards, 45 N.Y.2d 493, 499). Here, according the plaintiff every favorable inference from the evidence presented, there was no rational basis to support a finding of negligence (see, Novoni v. La Parma Corp., 278 A.D.2d 393; Capraro v. Staten Is. Univ. Hosp., 245 A.D.2d 256).

KRAUSMAN, J.P., FRIEDMANN, FLORIO and ADAMS, JJ., concur.