Opinion
2164
November 12, 2002.
Judgment, Supreme Court, New York County (Joan Madden, J.), entered August 21, 2001, which, upon a jury verdict, awarded plaintiff damages in the amount of $442,900, plus interest, costs and disbursements, unanimously affirmed, without costs.
MATTHEW W. SOLOMON, for plaintiff-respondent.
HERBERT RUBIN, for defendant-appellant.
Before: Nardelli, J.P., Mazzarelli, Saxe, Marlow, JJ.
The trial evidence, fairly considered (see Nicastro v. Park, 113 A.D.2d 129, 134), enabled the jury to conclude that defendant had been negligent, both in failing to mop the floor upon which plaintiff slipped and in failing to take reasonable precautions to prevent another overflow of a nearby slop sink. The causal connection between this negligence and plaintiff's harm was amply made out by evidence supporting the inference that the slippery substance upon which plaintiff slipped came from the slop sink, which photographs entered in evidence showed to have been covered in grime (see Johnson v. New York City Tr. Auth., 129 A.D.2d 424,lv denied 70 N.Y.2d 605). Contrary to defendant's contention, the expert testimony of Robert Lichtenberger, a licensed plumbing contractor, was properly received. Lichtenberger's testimony was based on deposition testimony and photographs that had been entered in evidence, its consideration by the jury was appropriately limited by the trial court, and Lichtenberger was subject to cross-examination.
We have reviewed defendant's remaining points and find them unavailing.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.