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Billingsley v. Plaza Constr. Co.

Appellate Term of the Supreme Court of New York, First Department
Jun 25, 2004
2004 N.Y. Slip Op. 50708 (N.Y. App. Term 2004)

Opinion

570948/03.

Decided June 25, 2004.

Plaintiff appeals from a judgment of the Civil Court, New York County, entered on or about October 20, 2003 after a jury trial (Anil Singh, J.) upon a verdict in favor of defendant dismissing the complaint.

Judgment entered on or about October 20, 2003 (Anil Singh, J.) affirmed, without costs.

PRESENT: HON. WILLIAM P. McCOOE, J.P., HON. WILLIAM J. DAVIS, HON. PHYLLIS GANGEL-JACOB, Justices.


The court properly denied plaintiff's motion to set aside the verdict. The jury could have reasonably concluded that defendant had no supervisory control over the operation of the crane and was not otherwise negligent in its maintenance of the construction site at the time of the accident ( see Camillo v. Olympia York Props. Co., 157 AD2d 34, 44), and the verdict was based upon a fair interpretation of the evidence. We have considered and rejected plaintiff's remaining arguments.

This constitutes the decision and order of the court.


Summaries of

Billingsley v. Plaza Constr. Co.

Appellate Term of the Supreme Court of New York, First Department
Jun 25, 2004
2004 N.Y. Slip Op. 50708 (N.Y. App. Term 2004)
Case details for

Billingsley v. Plaza Constr. Co.

Case Details

Full title:NATHANIEL BILLINGSLEY, Plaintiff-Appellant, v. PLAZA CONSTRUCTION COMPANY…

Court:Appellate Term of the Supreme Court of New York, First Department

Date published: Jun 25, 2004

Citations

2004 N.Y. Slip Op. 50708 (N.Y. App. Term 2004)