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

Appellate Division of the Supreme Court of the State of New York·Decided October 1, 1992·Published

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.

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).

Pincite

186 A.D.2d 353 (Fleming v. New York City Housing Authority) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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