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Faber v. New York City Housing Authority

Appellate Division of the Supreme Court of New York, First Department
Feb 23, 1999
258 A.D.2d 394 (N.Y. App. Div. 1999)

Opinion

February 23, 1999

Appeal from the Supreme Court, New York County (Edward Greenfield, J.).


The trial court properly dismissed the complaint at the close of plaintiff's case, "since there was no rational basis upon which the jury could have found in favor of plaintiff" ( Corsack v. Brody, 255 A.D.2d 222, 223). We note that the ruling precluding plaintiff's expert from testifying with respect to the ultimate issue of defendant's negligence was proper ( see, Nevins v. Great Atl. Pac. Tea Co., 164 A.D.2d 807, 808-809), and that any error in this regard would, in any event, have been harmless since plaintiff failed to adduce any facts from which it would have been possible for his expert to infer that the train could have stopped before hitting him.

We have considered plaintiff's other arguments and find them to be unpersuasive.

Concur — Rubin, J. P., Mazzarelli, Andrias and Saxe, JJ.


Summaries of

Faber v. New York City Housing Authority

Appellate Division of the Supreme Court of New York, First Department
Feb 23, 1999
258 A.D.2d 394 (N.Y. App. Div. 1999)
Case details for

Faber v. New York City Housing Authority

Case Details

Full title:PATRICK FABER, Appellant, v. NEW YORK CITY HOUSING AUTHORITY et al.…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Feb 23, 1999

Citations

258 A.D.2d 394 (N.Y. App. Div. 1999)
685 N.Y.S.2d 691

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