Opinion
June 19, 1967
Appeal from a judgment of the Supreme Court, Albany County, entered on a jury verdict of no cause of action and from an order of that court denying a motion to set aside the verdict on the grounds it was contrary to the evidence, contrary to law and upon all the grounds set forth in CPLR 4404. Appellant brought the instant action to recover for personal injuries allegedly sustained as the result of a fall on the stairs of the service entrance of respondent's premises as he was leaving after having made a delivery. The basic theory of appellant's case was that the service area was not properly maintained as a result of which he slipped on a bottle cap. While there is some corroboration as to appellant having a bottle cap in the heel of his shoe after the fall there is a direct conflict as to the general condition and maintenance of the service area and clearly no outside support for appellant's contention that it was generally littered with paper and bottle caps from overflowing refuse cans. Thus in the final analysis we find no more than conflicting factual issues and we cannot, therefore, say that "the verdict is [not] one which reasonable men could have rendered after reviewing conflicting evidence" ( Triggs v. Advance Trucking Corp., 23 A.D.2d 777, 778; e.g., Rapant v. Ogsbury, 279 App. Div. 298). Nor do we find any merit in the additional contentions raised by appellant and, accordingly, the judgment and order must be affirmed. Judgment and order affirmed, without costs. Gibson, P.J., Reynolds, Aulisi, Staley, Jr., and Gabrielli, JJ., concur in memorandum by Reynolds, J.