Opinion
May 22, 2001.
Judgment, Supreme Court, New York County (Carol Arber, J. and a jury on liability; Louise Gruner Gans, J. and a jury on damages), entered April 10, 2000, insofar as appealed from as limited by the briefs, finding defendant 100% at fault, unanimously affirmed, without costs.
Brian J. Isaac, for Plaintiff-Respondent.
Ronald E. Sternberg, for Defendant-Appellant.
Before: Williams, J.P., Ellerin, Lerner, Saxe, Buckley, JJ.
The verdict is fairly supported by evidence that, for unexplained reasons, the City vehicle that was in front of the tow truck that was in front of plaintiff either stopped suddenly or failed to give a proper signal that it was already stopped, setting in motion a chain of events culminating in plaintiff's motorcycle sliding into the rear of the tow truck after he hit a raised crack in the roadway and lost control of his brakes (see, Niemiec v. Jones, 237 A.D.2d 267; Edwards v. Manhattan Bronx Surface Tr. Operating Auth., 252 A.D.2d 410, 412; Cruz v. City of New York, 218 A.D.2d 546, 548-549). We have considered defendant's other arguments, including that under no fair interpretation of the evidence could plaintiff be found completely free of fault, and find them unavailing (cf., Berry v. Metropolitan Transp. Auth., 256 A.D.2d 271).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.