Brecht v. Copper Sands, Inc.

Appellate Division of the Supreme Court of New York

Brecht v. Copper Sands, Inc.

237 A.D.2d 907, 654 N.Y.S.2d 520, 1997 N.Y. App. Div. LEXIS 3498

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 14, 1997

StatusPublished

Cited by7 cases

This text of 237 A.D.2d 907 (Brecht v. Copper Sands, Inc.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Brecht v. Copper Sands, Inc., 237 A.D.2d 907, 654 N.Y.S.2d 520, 1997 N.Y. App. Div. LEXIS 3498 (N.Y. Ct. App. 1997).

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Opinion

Order unanimously affirmed without costs. Memorandum: Supreme Court did not err in granting plaintiffs motion for a new trial on the ground that the verdict was inconsistent and against the weight of the evidence. The jury’s finding that defendant was negligent in allowing a dangerous condition to exist at the entranceway of its restaurant cannot be reconciled with the finding that the condition was not a proximate cause of plaintiffs fall (see, Bucich v City of New York, 111 AD2d 646, 647). Although defendant claimed that plaintiff caused her own fall because she was intoxicated and failed to look where she was going, her inadvertence, "while pertinent to the issue of contributory negligence, does not equate with a lack of proximate cause” (Bucich v City of New York, supra, at 648). (Appeal from Order of Supreme Court, Chautauqua County, Gerace, J.—New Trial.) Present—Denman, P. J., Green, Balio, Boehm and Fallon, JJ.

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Order unanimously affirmed without costs. Memorandum: Supreme Court did not err in granting plaintiffs motion for a new trial on the ground that the verdict was inconsistent and against the weight of the evidence. The jury’s finding that defendant was negligent in allowing a dangerous condition to exist at the entranceway of its restaurant cannot be reconciled with the finding that the condition was not a proximate cause of plaintiffs fall (see, Bucich v City of New York, 111 AD2d 646, 647). Although defendant claimed that plaintiff caused her own fall because she was intoxicated and failed to look where she was going, her inadvertence, "while pertinent to the issue of contributory negligence, does not equate with a lack of proximate cause” (Bucich v City of New York, supra, at 648). (Appeal from Order of Supreme Court, Chautauqua County, Gerace, J.—New Trial.) Present—Denman, P. J., Green, Balio, Boehm and Fallon, JJ.

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Bluebook (online)

237 A.D.2d 907, 654 N.Y.S.2d 520, 1997 N.Y. App. Div. LEXIS 3498, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brecht-v-copper-sands-inc-nyappdiv-1997.

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