Solomon v. City of N.Y.

• Decision Date: 29 December 2016
• Parties: Natalie SOLOMON, Plaintiff–Appellant, v. The CITY OF NEW YORK, et al., Defendants, Action Arts League, Defendant–Respondent.
• Court: New York Supreme Court — Appellate Division

145 A.D.3d 643

42 N.Y.S.3d 801 (Mem)

2016 N.Y. Slip Op. 08961

Natalie SOLOMON, Plaintiff–Appellant,

v. The CITY OF NEW YORK, et al., Defendants,Action Arts League, Defendant–Respondent.

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

Dec. 29, 2016.

Abrams, Fensterman, Fensterman, Eisman, Formato, Ferrara & Wolf, LLP, Lake Success (Anthony J. Genovesi Jr. of counsel), for appellant.

Cruser, Mitchell, Novitz, Sanchez, Gaston & Zimet, LLP, Farmingdale (Rondiene E. Novitz of counsel), for respondent.

Judgment, Supreme Court, New York County (Frank P. Nervo, J.), entered August 7, 2015, upon a jury verdict in defendant's favor, unanimously affirmed, without costs. Appeal from order, same court and Justice, entered October 30, 2014, which denied plaintiff's motion to set aside the jury verdict, unanimously dismissed, without costs, as subsumed in the appeal from the judgment.

Plaintiff seeks to recover damages for injuries she sustained at an art festival run by defendant. Plaintiff had climbed to the top of an art installation known as the Drop, an 18–foot–high, smooth, round, air-filled structure, and begun to dance on it, and, when other people reached the top and started dancing, she fell off.

The jury's conclusion that defendant did not breach its duty to maintain the Drop in a reasonably safe condition by failing to secure it in such a way as to prevent plaintiff from falling off it is supported by a reasonable interpretation of the evidence (see Lolik v. Big V Supermarkets, 86 N.Y.2d 744, 631 N.Y.S.2d 122, 655 N.E.2d 163 [1995] ; McDermott v. Coffee Beanery, Ltd., 9 A.D.3d 195, 206, 777 N.Y.S.2d 103 [1st Dept.2004] ).

MAZZARELLI, J.P., SWEENY, RICHTER, MANZANET–DANIELS, FEINMAN, JJ., concur.