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TRIBUZIO v. CITY OF NEW YORK

Appellate Division of the Supreme Court of New York, Second Department.
Feb 28, 2005
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Ordered that the judgment is affirmed, with costs.

For a court to find as a matter of law that a jury verdict is not supported by sufficient evidence, it must "conclude that there is simply no valid line of reasoning and permissible inferences which could possibly lead rational [people] to the conclusion reached by the jury on the basis of the evidence presented at trial" ( Cohen v. Hallmark Cards, 45 NY2d 493, 499). Contrary to the defendants' contention, viewing the evidence in the light most favorable to the plaintiff ( see Alexander v. Eldred, 63 NY2d 460, 464), we discern that a valid line of reasoning existed for the jury's determination that the defendants had constructive notice of the dangerous condition which caused the plaintiff to slip and fall ( see Negri v. Stop Shop, 65 NY2d 625, 626).