Jorgensen v. New York Foundation for Senior Citizen Guardian Services, Inc.

Appellate Division of the Supreme Court of New York

Jorgensen v. New York Foundation for Senior Citizen Guardian Services, Inc.

61 A.D.3d 612, 876 N.Y.S.2d 870

Appellate Division of the Supreme Court of the State of New York·Decided April 30, 2009·Published·Cited by 1 cases

Opinion

Judgment, Supreme Court, Bronx County (Stanley Green, J.), entered October 27, 2008, upon a jury verdict in defendants’ favor, unanimously affirmed, without costs.

In reaching its verdict that defendant James was not negligent, the jury could fairly have concluded that James could not have foreseen that an object hidden from view would fall and cause plaintiffs injury (see White v New York City Tr. Auth., 40 AD3d 297, 297 [2007]).

The court’s jury charge did not impermissibly narrow the scope of foreseeability but properly “incorporate [d] the factual contentions of the parties in respect of the legal principles charged” (Green v Downs, 27 NY2d 205, 208 [1970]). Concur— Gonzalez, EJ., Tom, Sweeny, Buckley and Acosta, JJ.

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Judgment, Supreme Court, Bronx County (Stanley Green, J.), entered October 27, 2008, upon a jury verdict in defendants’ favor, unanimously affirmed, without costs.

In reaching its verdict that defendant James was not negligent, the jury could fairly have concluded that James could not have foreseen that an object hidden from view would fall and cause plaintiffs injury (see White v New York City Tr. Auth., 40 AD3d 297, 297 [2007]).

The court’s jury charge did not impermissibly narrow the scope of foreseeability but properly “incorporate [d] the factual contentions of the parties in respect of the legal principles charged” (Green v Downs, 27 NY2d 205, 208 [1970]). Concur— Gonzalez, EJ., Tom, Sweeny, Buckley and Acosta, JJ.

Jorgensen v. New York Foundation for Senior Citizen Guardian Services, Inc., 61 A.D.3d 612, 876 N.Y.S.2d 870 (N.Y. Ct. App. 2009).

Pincite

61 A.D.3d 612 (Jorgensen v. New York Foundation for Senior Citizen Guardian Services, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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