Fleming v. New York City Housing Authority

Appellate Division of the Supreme Court of New York

Fleming v. New York City Housing Authority

186 A.D.2d 353, 588 N.Y.S.2d 771, 1992 N.Y. App. Div. LEXIS 11039

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

DecidedOctober 1, 1992

StatusPublished

This text of 186 A.D.2d 353 (Fleming 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

Fleming v. New York City Housing Authority, 186 A.D.2d 353, 588 N.Y.S.2d 771, 1992 N.Y. App. Div. LEXIS 11039 (N.Y. Ct. App. 1992).

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Opinion

— Order, Supreme Court, New York County (Gordon Burrows, J.), entered July 2, 1991, which, during a jury trial, granted defendant’s motion for judgment pursuant to CPLR 4401, and dismissed the action on the merits, unanimously affirmed, without costs.

We agree with the trial court that the unreconcilable contradictions in plaintiff’s proof concerning the time, place, and cause of the alleged accident preclude a finding by any rational process that defendant was at fault for plaintiff’s fall (see, Aetna Cas. & Sur. Co. v Garrett, 37 AD2d 750, 751). Concur — Sullivan, J. P., Milonas, Ellerin and Kassal, JJ.

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— Order, Supreme Court, New York County (Gordon Burrows, J.), entered July 2, 1991, which, during a jury trial, granted defendant’s motion for judgment pursuant to CPLR 4401, and dismissed the action on the merits, unanimously affirmed, without costs.

We agree with the trial court that the unreconcilable contradictions in plaintiff’s proof concerning the time, place, and cause of the alleged accident preclude a finding by any rational process that defendant was at fault for plaintiff’s fall (see, Aetna Cas. & Sur. Co. v Garrett, 37 AD2d 750, 751). Concur — Sullivan, J. P., Milonas, Ellerin and Kassal, JJ.

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Bluebook (online)

186 A.D.2d 353, 588 N.Y.S.2d 771, 1992 N.Y. App. Div. LEXIS 11039, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fleming-v-new-york-city-housing-authority-nyappdiv-1992.

Opinion

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