To succeed on a motion for judgment as a matter of law pursuant to CPLR 4401, a defendant has the burden of showing
Here, on the evidence adduced at trial, there was a rational process by which the jury could find that the defendant Officer Peter G. Cunneen acted with reckless disregard for the safety of others by driving through a stop sign at a view-obstructed intersection at a high rate of speed, striking the plaintiffs vehicle. Although Cunneen testified at trial that he slowed down before entering the intersection, the plaintiff and the nonparty witness — who observed the accident from his front yard — both testified that Cunneen was traveling at approximately 50 miles per hour and did not slow down as he drove through the stop sign (see Szczerbiak v Pilat, 90 NY2d at 556). Accordingly, the Supreme Court properly denied the defendants’ motion pursuant to CPLR 4401 for judgment as a matter of law made at the close of evidence.
The defendants’ remaining contention is unpreserved for appellate review, as they failed to object to the introduction into evidence of the Suffolk County Police Department’s rules and procedures regarding vehicular pursuits on the grounds they now raise on appeal (see CPLR 5501; Palmer v CSX Transp., Inc., 68 AD3d 1626, 1627-1628 [2009]; see also Volino v Long Is. R.R. Co., 83 AD3d 693 [2011]). Skelos, J.P, Balkin, Eng and Sgroi, JJ., concur.