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ANN J. KUEHNER, Indi v. dually and as Executrix of the Estate of GARY S. KUEHNER, Deceased, Appellant,

Ordered that the judgment is affirmed, without costs or disbursements.

It is well settled that a motion to dismiss for failure to establish a prima facie case should only be granted if there is no rational process by which a jury could find for the plaintiff and against the moving defendant upon the evidence presented (see, Gruntz v Deepdale Gen. Hosp., 163 A.D.2d 564; Blum v Fresh Grown Preserve Corp., 292 N.Y. 241, 245). Viewing the plaintiff's evidence as to negligence and proximate cause in a light most favorable to her (see, Wragge v Lizza Asphalt Constr. Co., 17 N.Y.2d 313), we find that there was insufficient evidence adduced from which a reasonable person might conclude that the respondents were negligent and that their negligence proximately caused the decedent's death. Eiber, J.P., O'Brien, Copertino and Pizzuto, JJ., concur.

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KUEHNER v. CITY OF YONKERS
(Apr 27, 1992)