Opinion
2003-03859.
Decided January 26, 2004.
In an action to recover damages for personal injuries, etc., the defendant appeals from an order of the Supreme Court, Orange County (Owen, J.), dated April 11, 2003, which, after a jury trial, denied her motion pursuant to CPLR 4404 to set aside a jury verdict in favor of the plaintiffs and for judgment in her favor dismissing the complaint.
Boeggeman, George, Hodges Corde, P.C., White Plains, N.Y. (Leslie K. Arfine and Cynthia Dolan of counsel), for appellant.
Finkelstein Partners, Newburgh, N.Y. (James W. Shuttleworth III of counsel), for respondents.
Before: Thomas A. Adams Stephen G. Crane, JJ.
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.