Gonzalez v. City of N.Y.

Decision Date14 August 2013
PartiesLucy GONZALEZ, respondent, v. CITY OF NEW YORK, et al., appellants.
CourtNew York Supreme Court — Appellate Division

109 A.D.3d 510
970 N.Y.S.2d 286
2013 N.Y. Slip Op. 05614

Lucy GONZALEZ, respondent,
v.
CITY OF NEW YORK, et al., appellants.

Supreme Court, Appellate Division, Second Department, New York.

Aug. 14, 2013.


[970 N.Y.S.2d 287]


Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Francis F. Caputo and Andrew John Potak of counsel), for appellants.

The Edelsteins, Faegenburg & Brown, New York, N.Y. (Judah Z. Cohen and Paul J. Edelstein of counsel), for respondent.


WILLIAM F. MASTRO, J.P., DANIEL D. ANGIOLILLO, SANDRA L. SGROI, and ROBERT J. MILLER, JJ.

[109 A.D.3d 510]In an action to recover damages for personal injuries, the defendants appeal (1) from a judgment of the Supreme Court, Kings County (Spodek, J.), entered June 8, 2011, which, upon a jury verdict on the issue of liability finding them 100% at fault in the happening of the accident, and a jury verdict on the issue of damages awarding the plaintiff the principal sum of $1,000,000, is in favor of the plaintiff and against them, and (2), as limited by their brief, from so much of an order of the same court dated November 30, 2011, as denied those branches of their motion pursuant

[970 N.Y.S.2d 288]

to CPLR 4404(a) which were to set aside [109 A.D.3d 511]the jury verdict on the issue of liability and for judgment as a matter of law based on the plaintiff's failure to establish a prima facie case, or to set aside the jury verdict on the issue of liability as contrary to the weight of the evidence and for a new trial.

ORDERED that the judgment is reversed, on the law, and the matter is remitted to the Supreme Court, Kings County, for a new trial on the issue of liability only; and it is further,

ORDERED that the appeal from the order is dismissed as academic in light of our determination on the appeal from the judgment; and it is further,

ORDERED that the jury's findings of fact on the issue of damages are affirmed; and it is further,

ORDERED that one bill of costs is awarded to the appellants.

The plaintiff commenced this action to recover damages for the personal injuries she allegedly sustained as a result of a slip-and-fall accident that occurred in the vestibule area of P.S. 132 (hereinafter the school) in Brooklyn on February 14, 2007, during a period of snowy and rainy weather. At trial, the plaintiff testified that while other parts of the vestibule area were covered with mats, the area where she fell was “slippery and wet,” and not covered by a mat. She further stated that after her...

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4 cases
  • Zamor v. Dirtbusters Laundromat, Inc.
    • United States
    • New York Supreme Court — Appellate Division
    • 27 Abril 2016
    ...174 ; Rivas–Chirino v. Wildlife Conservation Socy., 64 A.D.3d 556, 558, 883 N.Y.S.2d 552 ; see also Gonzalez v. City of New York, 109 A.D.3d 510, 512, 970 N.Y.S.2d 286 ). “Expert opinions which are speculative, conclusory, and unsubstantiated are insufficient to defeat a motion for summary ......
  • Bradley v. HWA 1290 III LLC
    • United States
    • New York Supreme Court — Appellate Division
    • 30 Enero 2018
    ...is not a statute, ordinance or regulation. Thus, a violation thereof is not evidence of negligence (see Gonzalez v. City of New York, 109 A.D.3d 510, 512, 970 N.Y.S.2d 286 [2d Dept. 2013] [ANSI standards do not constitute statutes, ordinances, or regulations and not proper evidentiarily in ......
  • Taylor v. Appleberry
    • United States
    • New York Supreme Court — Appellate Division
    • 16 Marzo 2023
    ...by law" (Conrad v. County of Westchester, 259 A.D.2d 724, 725, 687 N.Y.S.2d 404 [2d Dept. 1999] ; see Gonzalez v. City of New York, 109 A.D.3d 510, 512, 970 N.Y.S.2d 286 [2d Dept. 2013] ; see also Moore v. Bremer, 280 A.D.2d 729, 731, 720 N.Y.S.2d 270 [3d Dept. 2001] ). Consequently, the in......
  • Filippi v. Filippi
    • United States
    • New York Supreme Court — Appellate Division
    • 14 Agosto 2013
    ...that the motion of Marina M. Martielli for leave to withdraw as counsel [970 N.Y.S.2d 465]for the appellant is granted, and she is [109 A.D.3d 510]directed to turn over all papers in her possession to the appellant's new counsel assigned herein; and it is further, ORDERED that Susan A. DeNa......

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