Opinion
2001-01158
Argued September 19, 2002.
November 4, 2002.
In an action to recover damages for personal injuries, the plaintiff appeals from a judgment of the Supreme Court, Queens County (Lonschein, J.), entered January 5, 2001, which, upon a jury verdict in favor of the defendant and against him, dismissed the complaint.
Greenberg Stein (Ephrem Wertenteil, New York, N.Y., of counsel), for appellant.
Krez Peisner (Herzfeld Rubin, P.C., New York, N.Y. [Herbert Rubin, David B. Hamm, and Noreen M. Giusti] of counsel), for respondent.
Before: MYRIAM J. ALTMAN, J.P., NANCY E. SMITH, HOWARD MILLER, THOMAS A. ADAMS, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed, with costs.
Contrary to the plaintiff's contention, he was not prejudiced by the court's instructions to the jury (see Kambat v. St. Francis Hosp., 89 N.Y.2d 489, 494; Thompson v. Pizza Hut of Am., 262 A.D.2d 302, 303; Raimondi v. New York Racing Assn., 213 A.D.2d 708, 709).
A fair interpretation of the evidence supports the jury's determination that the New York City Housing Authority was not negligent (see Nicastro v. Park, 113 A.D.2d 129).
The plaintiff's remaining contentions are either without merit or do not require reversal.
ALTMAN, J.P., SMITH, H. MILLER and ADAMS, JJ., concur.