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Shirley V. Rivenburgh, as Administratrix of the Estate of Frank V. Rivenburgh v. Viking Boat Co., Respondents Alco Standard Corporation, Doing Business as Tempo Products Company, Fifth-Party v. Walter A. Braun Co., Inc., Fifth-Party Defendant-Respondent. (And Other Actions.)
Opinions in this case
- Majority
- Dissent — Gibbons
In a wrongful death action, plaintiff appeals from a judgment of the Supreme Court, Suffolk County (McCarthy, J.), entered January 24, 1980, which, inter alia, is in favor of defendants and
[626] against her, upon the trial court’s dismissal of the complaint at the close of the plaintiff’s case, at a jury trial. Judgment affirmed, with one bill of costs payable jointly to respondents appearing separately and filing separate briefs. Viewing the evidence adduced at trial in a light most favorable to the plaintiff (see Noseworthy v City of New York, 298 NY 76; Schafer v General Motors Corp., 73 AD2d 600), plaintiff did not establish a prima facie case for recovery on any of the theories asserted in the complaint. Titone, J. P., Gulotta and Margett, JJ., concur.