Appellate Division of the Supreme Court of the State of New York July 1, 1996 (Murray v. Palmer)

—In a negligence action to recover damages for personal injuries, the plaintiff appeals from a judgment of the Supreme Court, Queens County (Price, J.), dated January 26, 1995, which, upon granting the defendant’s motion to dismiss the complaint for failure to establish a prima facie case, is in favor of the defendant and against the plaintiff dismissing the complaint.