Colberg v. New York City Housing Authority

Appellate Division of the Supreme Court of New York

Colberg v. New York City Housing Authority

278 A.D.2d 27, 716 N.Y.S.2d 670, 2000 N.Y. App. Div. LEXIS 12695

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

DecidedDecember 7, 2000

StatusPublished

Cited by1 cases

This text of 278 A.D.2d 27 (Colberg v. New York City Housing Authority) 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

Colberg v. New York City Housing Authority, 278 A.D.2d 27, 716 N.Y.S.2d 670, 2000 N.Y. App. Div. LEXIS 12695 (N.Y. Ct. App. 2000).

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Opinion

Order, Supreme Court, Bronx County (Anne Targum, J.), entered April 19, 1999, which granted defendant’s motion to set aside the jury verdict in plaintiffs’ favor and dismissed the complaint, unanimously affirmed, without costs.

The trial evidence, even when considered in the light most favorable to plaintiffs, fails to establish a prima facie case of negligence. There was no indication that plaintiff’s injuries, which occurred during his attempt on a rainy winter evening to plug a leak on a roof from which he, along with all of defendant’s other tenants, had been prohibited, were foreseeable by defendant landlord.

We have considered defendant’s remaining contentions and find them unavailing. Concur — Mazzarelli, J. P., Wallach, Andrias, Saxe and Buckley, JJ.

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Order, Supreme Court, Bronx County (Anne Targum, J.), entered April 19, 1999, which granted defendant’s motion to set aside the jury verdict in plaintiffs’ favor and dismissed the complaint, unanimously affirmed, without costs.

The trial evidence, even when considered in the light most favorable to plaintiffs, fails to establish a prima facie case of negligence. There was no indication that plaintiff’s injuries, which occurred during his attempt on a rainy winter evening to plug a leak on a roof from which he, along with all of defendant’s other tenants, had been prohibited, were foreseeable by defendant landlord.

We have considered defendant’s remaining contentions and find them unavailing. Concur — Mazzarelli, J. P., Wallach, Andrias, Saxe and Buckley, JJ.

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Bluebook (online)

278 A.D.2d 27, 716 N.Y.S.2d 670, 2000 N.Y. App. Div. LEXIS 12695, Counsel Stack Legal Research, https://law.counselstack.com/opinion/colberg-v-new-york-city-housing-authority-nyappdiv-2000.

Opinion

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