Zimmerman v. Plotkin

Appellate Division of the Supreme Court of New York

Zimmerman v. Plotkin

244 A.D.2d 481, 665 N.Y.S.2d 916, 1997 N.Y. App. Div. LEXIS 11612

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

DecidedNovember 17, 1997

StatusPublished

Cited by1 cases

This text of 244 A.D.2d 481 (Zimmerman v. Plotkin) 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

Zimmerman v. Plotkin, 244 A.D.2d 481, 665 N.Y.S.2d 916, 1997 N.Y. App. Div. LEXIS 11612 (N.Y. Ct. App. 1997).

Pincite

Opinion

—In an action to recover damages for personal injuries, etc., the defendants appeal from a judgment of the Supreme Court, Kings County (Yoswein, J.), dated November 4, 1996, which, upon a jury verdict, was in favor of the plaintiffs and against them in the sum of $111,424.15.

Ordered that the judgment is affirmed, with costs.

We are unpersuaded by the defendants’ argument that there was no valid line of reasoning from which the jury could have found in favor of the plaintiffs. Moreover, the jury’s finding that the defendants maintained their stairway in a dangerous condition, and that this dangerous condition was a proximate cause of the injury to the plaintiff Rose Zimmerman, was supported by a fair interpretation of the credible evidence adduced at trial (see, Nicastro v Park, 113 AD2d 129, 133; Cohen v Hallmark Cards, 45 NY2d 493, 498-499).

The defendants’ remaining contentions are without merit. Sullivan, J. P., Friedmann, Florio and McGinity, JJ., concur.

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—In an action to recover damages for personal injuries, etc., the defendants appeal from a judgment of the Supreme Court, Kings County (Yoswein, J.), dated November 4, 1996, which, upon a jury verdict, was in favor of the plaintiffs and against them in the sum of $111,424.15.

Ordered that the judgment is affirmed, with costs.

We are unpersuaded by the defendants’ argument that there was no valid line of reasoning from which the jury could have found in favor of the plaintiffs. Moreover, the jury’s finding that the defendants maintained their stairway in a dangerous condition, and that this dangerous condition was a proximate cause of the injury to the plaintiff Rose Zimmerman, was supported by a fair interpretation of the credible evidence adduced at trial (see, Nicastro v Park, 113 AD2d 129, 133; Cohen v Hallmark Cards, 45 NY2d 493, 498-499).

The defendants’ remaining contentions are without merit. Sullivan, J. P., Friedmann, Florio and McGinity, JJ., concur.

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Bluebook (online)

244 A.D.2d 481, 665 N.Y.S.2d 916, 1997 N.Y. App. Div. LEXIS 11612, Counsel Stack Legal Research, https://law.counselstack.com/opinion/zimmerman-v-plotkin-nyappdiv-1997.

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