DiMicelli v. Mccormack

Jan 26, 2004
Versions:3 A.D.3d 547
770 N.Y.S.2d 641
2004 N.Y. App. Div. LEXIS 721

In an action to recover damages for personal injuries, etc., the defendant appeals from an order of the Supreme Court, Orange County (Owen, J.), dated April 11, 2003, which, after a jury trial, denied her motion pursuant to CFLR 4404 to set aside a jury verdict in favor of the plaintiffs and for judgment in her favor dismissing the complaint.

Ordered that the order is affirmed, with costs.

A jury verdict is not supported by legally sufficient evidence when “there is simply no valid line of reasoning and permissible inferences which could possibly lead rational [people] to the conclusion reached by the jury on the basis of the evidence presented at trial” (Cohen v Hallmark Cards, 45 NY2d 493, 499 [1978]). Contrary to the defendant’s contention, viewing the evidence in the light most favorable to the plaintiffs (see Alexander v Eldred, 63 NY2d 460, 464 [1984]), the plaintiffs established that the defendant wholly or in part created the dangerous condition which caused the injured plaintiff to fall (cf. Bernstein v City of New York, 69 NY2d 1020, 1022 [1987]). Moreover, the verdict was not against the weight of the evidence (cf. Nicastro v Park, 113 AD2d 129, 132-135 [1985]).

The defendant’s remaining contention is without merit. Santucci, J.P., Schmidt, Adams and Crane, JJ., concur.