Appellate Division of the Supreme Court of the State of New York April 28, 2009 (Crawford v. Village of Millbrook)

In an action to recover damages for personal injuries, the plaintiff appeals from a judgment of the Supreme Court, Dutchess County (Brands, J.), dated October 15, 2007, which, after a nonjury trial, and upon the granting of the defendant’s motion pursuant to CPLR 4401 for judgment as a matter of law, made at the close of evidence, is in favor of the defendant and against him, dismissing the