Restagno v. Baybridge at Bayside Condo. III

• Court: New York Supreme Court — Appellate Division
• Citation: Restagno v. Baybridge at Bayside Condo. III, 193 A.D.3d 1002, 147 N.Y.S.3d 582 (N.Y. App. Div. 2021)
• Decision Date: 21 April 2021
• Docket Number: 2019–14085,Index No. 2703/15
• Parties: Dominick RESTAGNO, appellant, v. BAYBRIDGE AT BAYSIDE CONDOMINIUM III, et al., respondents, et al., defendant.

193 A.D.3d 1002

147 N.Y.S.3d 582

Dominick RESTAGNO, appellant,

v.BAYBRIDGE AT BAYSIDE CONDOMINIUM III, et al., respondents, et al., defendant.

2019–14085

Index No. 2703/15

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

Argued—February 25, 2021

April 21, 2021

Edelman & Edelman, P.C., New York, N.Y. (David M. Schuller of counsel), for appellant.

Margaret G. Klein (Mischel & Horn, P.C., New York, N.Y. [Scott T. Horn and Lauren E. Bryant ], of counsel), for respondents.

REINALDO E. RIVERA, J.P., FRANCESCA E. CONNOLLY, VALERIE BRATHWAITE NELSON, LINDA CHRISTOPHER, JJ.

DECISION & ORDER

In an action to recover damages for personal injuries, the plaintiff appeals from a judgment of the Supreme Court, Queens County (Leslie J. Purificacion, J.), entered October 7, 2019. The judgment, upon a jury verdict, and upon an order of the same court dated June 7, 2019, denying the plaintiff's motion pursuant to CPLR 4404(a) to set aside the jury verdict on the issue of liability as contrary to the weight of the evidence and for a new trial, is in favor of the defendants Baybridge at Bayside Condominium III and Century Management Services, Inc., and against him dismissing the complaint insofar as asserted against those defendants.

ORDERED that the judgment is affirmed, with costs.

The plaintiff slipped and fell on an icy condition on the sidewalk in front of his condominium in Bayside. At the time of the accident, the subject premises (hereinafter the property) was owned by the defendant Baybridge at Bayside Condominium III (hereinafter Baybridge) and managed by the defendant Century Management Services, Inc. (hereinafter Century, and hereinafter together with Baybridge, the property defendants). The plaintiff commenced the instant action against the property defendants and another defendant to recover damages for personal injuries, alleging that the property defendants were negligent, inter alia, in the maintenance of the property. After joinder of issue, the case proceeded to trial against the property defendants. After the liability phase of the trial, the jury returned a verdict in favor of the property defendants on the issue of liability. Thereafter, the plaintiff moved pursuant to CPLR 4404(a) to set aside the jury verdict on the issue of liability as contrary to the weight of the evidence and for a new trial. The Supreme Court denied the motion, and a judgment was entered in favor of the property defendants and against the plaintiff dismissing the complaint...