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Edwards v. City of N.Y

Appellate Division of the Supreme Court of New York, Second Department
Jun 12, 2007
41 A.D.3d 532 (N.Y. App. Div. 2007)

Opinion

No. 2006-05093.

June 12, 2007.

In an action to recover damages for personal injuries, the plaintiff appeals from a judgment of the Supreme Court, Queens County, dated February 17, 2006, which, upon a jury verdict, is in favor of the defendant and against her, dismissing the complaint.

Raymond Kerno, Mineola, N.Y., for appellant.

Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Larry A. Sonnenshein and Mordecai Newman of counsel), for respondent.

Before: Rivera, J.P., Spolzino, Florio and Angiolillo, JJ.


Ordered that the judgment is affirmed, with costs.

The plaintiff sustained injuries when she allegedly tripped and fell on a crack in the sidewalk owned by the defendant. The jury initially returned an inconsistent verdict and then, upon further instruction, completed a new special verdict sheet in favor of the defendant.

Contrary to the plaintiff's contention, the verdict sheet was not improper ( see Harmon v BIC Corp., 16 AD3d 953, 954; Dunn v Moss, 193 AD2d 983, 985). Because the disputed questions submitted to the jury as to whether the sidewalk was reasonably safe and, if not, whether the defendant was negligent, presented two distinct issues ( see Trincere v County of Suffolk, 90 NY2d 976; Cupo v Karfunkel, 1 AD3d 48; PJI3d 2:225A [2005]), it was not incorrect to present them as separate interrogatories. Further, the court's decision to allow the jury to reconsider its inconsistent verdict was proper under these circumstances ( see Meade v Hisler, 306 AD2d 387).


Summaries of

Edwards v. City of N.Y

Appellate Division of the Supreme Court of New York, Second Department
Jun 12, 2007
41 A.D.3d 532 (N.Y. App. Div. 2007)
Case details for

Edwards v. City of N.Y

Case Details

Full title:DENISE EDWARDS, Appellant, v. CITY OF NEW YORK, Respondent

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

Date published: Jun 12, 2007

Citations

41 A.D.3d 532 (N.Y. App. Div. 2007)
2007 N.Y. Slip Op. 5217
839 N.Y.S.2d 104

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Edwards v. City of New York

Decided March 13, 2008. Appeal from the 2d Dept: 41 AD3d 532. Motions for Leave to Appeal,…