Garcia v. City of New York (65 N.Y. 805, 1985)

OPINION OF THE COURT

Order affirmed, without costs. We agree with the Appellate Division that there is no evidence “that ought reasonably to satisfy a jury that the fact[s] sought to be proved [are] established” (Blum v Fresh Grown Preserve Corp., 292 NY 241, 246).

Concur: Chief Judge Wachtler and Judges Jasen, Meyer, Simons, Kaye, Alexander and Boomer. Taking no part: Judge Titone.

Designated pursuant to NY Constitution, article VI, § 2.