AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)

SALVATORE DiMICELLI, ET AL., Respondents, v. MARIANNE McCORMACK, Appellant.

DECISION ORDER

ORDERED that the order is affirmed, with costs.

A jury verdict is not supported by legally sufficient evidence when "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 N.Y.2d 493, 499). Contrary to the defendant's contention, viewing the evidence in the light most favorable to the plaintiffs ( see Alexander v. Eldred, 63 N.Y.2d 460, 464), the plaintiffs established that the defendant wholly or in part created the dangerous condition which caused the injured plaintiff to fall ( cf. Bernstein v. City of New York, 69 N.Y.2d 1020, 1022). Moreover, the verdict was not against the weight of the evidence ( cf. Nicastro v. Park, 113 A.D.2d 129, 132-135).

The defendant's remaining contention is without merit.

SANTUCCI, J.P., SCHMIDT, ADAMS and CRANE, JJ., concur.

Use AI to get other relevant cases.

Comments

DiMICELLI v. McCORMACK
(Jan 26, 2004)