Appellate Division of the Supreme Court of the State of New York July 7, 2009 (Bacic v. New York City Transit Authority)

*527In an action, inter alia, to recover damages for wrongful death, the plaintiff appeals from a judgment of the Supreme Court, Queens County (Kelly, J.), dated November 2, 2007, which, after a jury trial and upon the granting of the defendant’s motion pursuant to CPLR 4401, made at the close of evidence, for judgment as a matter of law for failure to establish a prima facie case, is in favor of