Solomon v. City of New York

Appellate Division of the Supreme Court of New York

Solomon v. City of New York

2016 NY Slip Op 8961, 145 A.D.3d 643, 42 N.Y.S.3d 801

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

DecidedDecember 29, 2016

Docket107941/10 2583 2582

StatusPublished

This text of 2016 NY Slip Op 8961 (Solomon v. City of New York) 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

Solomon v. City of New York, 2016 NY Slip Op 8961, 145 A.D.3d 643, 42 N.Y.S.3d 801 (N.Y. Ct. App. 2016).

Pincite

Opinion

Judgment, Supreme Court, New York County (Frank P. Ñervo, J.), entered August 7, 2015, upon a jury verdict in defendant’s favor, unanimously affirmed, without costs. Appeal from order, same court and Justice, entered October 30, 2014, which denied plaintiff’s motion to set aside the jury verdict, unanimously dismissed, without costs, as subsumed in the appeal from the judgment.

Plaintiff seeks to recover damages for injuries she sustained at an art festival run by defendant. Plaintiff had climbed to the top of an art installation known as the Drop, an 18-foot-high, smooth, round, air-filled structure, and begun to dance on it, and, when other people reached the top and started dancing, she fell off.

The jury’s conclusion that defendant did not breach its duty to maintain the Drop in a reasonably safe condition by failing to secure it in such a way as to prevent plaintiff from falling off it is supported by a reasonable interpretation of the evidence (see Lolik v Big V Supermarkets, 86 NY2d 744 [1995]; McDermott v Coffee Beanery, Ltd., 9 AD3d 195, 206 [1st Dept 2004]).

Concur—Mazzarelli, J.P., Sweeny, Richter, Manzanet-Daniels and Feinman, JJ.

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Judgment, Supreme Court, New York County (Frank P. Ñervo, J.), entered August 7, 2015, upon a jury verdict in defendant’s favor, unanimously affirmed, without costs. Appeal from order, same court and Justice, entered October 30, 2014, which denied plaintiff’s motion to set aside the jury verdict, unanimously dismissed, without costs, as subsumed in the appeal from the judgment.

Plaintiff seeks to recover damages for injuries she sustained at an art festival run by defendant. Plaintiff had climbed to the top of an art installation known as the Drop, an 18-foot-high, smooth, round, air-filled structure, and begun to dance on it, and, when other people reached the top and started dancing, she fell off.

The jury’s conclusion that defendant did not breach its duty to maintain the Drop in a reasonably safe condition by failing to secure it in such a way as to prevent plaintiff from falling off it is supported by a reasonable interpretation of the evidence (see Lolik v Big V Supermarkets, 86 NY2d 744 [1995]; McDermott v Coffee Beanery, Ltd., 9 AD3d 195, 206 [1st Dept 2004]).

Concur—Mazzarelli, J.P., Sweeny, Richter, Manzanet-Daniels and Feinman, JJ.

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Bluebook (online)

2016 NY Slip Op 8961, 145 A.D.3d 643, 42 N.Y.S.3d 801, Counsel Stack Legal Research, https://law.counselstack.com/opinion/solomon-v-city-of-new-york-nyappdiv-2016.

Opinion

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