Stanley v. Colombo

Appellate Division of the Supreme Court of New York

Stanley v. Colombo

259 A.D.2d 539, 684 N.Y.S.2d 910, 1999 N.Y. App. Div. LEXIS 2242

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

DecidedMarch 8, 1999

StatusPublished

This text of 259 A.D.2d 539 (Stanley v. Colombo) 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

Stanley v. Colombo, 259 A.D.2d 539, 684 N.Y.S.2d 910, 1999 N.Y. App. Div. LEXIS 2242 (N.Y. Ct. App. 1999).

Pincite

Opinion

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from a judgment of the Supreme Court, Orange County (Murphy, J.), entered December 18, 1997, which, upon a jury verdict, is in favor of the defendants and against them dismissing the complaint.

Ordered that the judgment is affirmed, with costs.

The plaintiff Thomas Stanley was injured falling off a ladder while removing Christmas lights from the outside of the defendant’s residence. Just prior to the fall, the defendant Anthony Colombo was holding the ladder, but released his hold to answer the telephone. Seconds later, Stanley fell.

The jury’s finding that Colombo was not negligent could have been reached on a fair interpretation of the evidence (see, Ramirez v Sears, Roebuck & Co., 236 AD2d 530, 531; Nicastro v Park, 113 AD2d 129, 133-134). Ritter, J. P., Sullivan, Altman and McGinity, JJ., concur.

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In an action to recover damages for personal injuries, etc., the plaintiffs appeal from a judgment of the Supreme Court, Orange County (Murphy, J.), entered December 18, 1997, which, upon a jury verdict, is in favor of the defendants and against them dismissing the complaint.

Ordered that the judgment is affirmed, with costs.

The plaintiff Thomas Stanley was injured falling off a ladder while removing Christmas lights from the outside of the defendant’s residence. Just prior to the fall, the defendant Anthony Colombo was holding the ladder, but released his hold to answer the telephone. Seconds later, Stanley fell.

The jury’s finding that Colombo was not negligent could have been reached on a fair interpretation of the evidence (see, Ramirez v Sears, Roebuck & Co., 236 AD2d 530, 531; Nicastro v Park, 113 AD2d 129, 133-134). Ritter, J. P., Sullivan, Altman and McGinity, JJ., concur.

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Bluebook (online)

259 A.D.2d 539, 684 N.Y.S.2d 910, 1999 N.Y. App. Div. LEXIS 2242, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stanley-v-colombo-nyappdiv-1999.

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