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

Appellate Division of the Supreme Court of the State of New York·Decided December 7, 2000·Published·Cited by 1 cases

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.

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).

Pincite

278 A.D.2d 27 (Colberg v. New York City Housing Authority) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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