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Brecht v. Copper Sands, Inc.

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 14, 1997
237 A.D.2d 907 (N.Y. App. Div. 1997)

Opinion

March 14, 1997.

Order unanimously affirmed without costs.

Present — Denman, P.J., Green, Balio, Boehm and Fallon, JJ.


Supreme Court did not err in granting plaintiffs motion for a new trial on the ground that the verdict was inconsistent and against the weight of the evidence. The jury's finding that defendant was negligent in allowing a dangerous condition to exist at the entranceway of its restaurant cannot be reconciled with the finding that the condition was not a proximate cause of plaintiff's fall ( see, Bucich v City of New York, 111 AD2d 646, 647). Although defendant claimed that plaintiff caused her own fall because she was intoxicated and failed to look where she was going, her inadvertence, "while pertinent to the issue of contributory negligence, does not equate with a lack of proximate cause" ( Bucich v City of New York, supra, at 648). (Appeal from Order of Supreme Court, Chautauqua County, Gerace, J. — New Trial.)


Summaries of

Brecht v. Copper Sands, Inc.

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 14, 1997
237 A.D.2d 907 (N.Y. App. Div. 1997)
Case details for

Brecht v. Copper Sands, Inc.

Case Details

Full title:CHRISTINE A. BRECHT, Respondent, v. COPPER SANDS, INC., Doing Business as…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Mar 14, 1997

Citations

237 A.D.2d 907 (N.Y. App. Div. 1997)
654 N.Y.S.2d 520

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