Appellate Division of the Supreme Court of the State of New York April 21, 2009 (Cintron v. New York City Transit Authority)

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from a judgment of the Supreme Court, Kings County (Levine, J.), dated October 18, 2007, which, upon the *804granting of the defendant’s motion pursuant to CPLR 4401, made at the close of the plaintiffs’ evidence, for judgment as a matter of law for the plaintiffs’ failure to establish a prima facie case, is in