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Brocalello v. 540 Madison Avenue Associates

Appellate Division of the Supreme Court of New York, Second Department
Feb 14, 1989
147 A.D.2d 519 (N.Y. App. Div. 1989)

Opinion

February 14, 1989

Appeal from the Supreme Court, Kings County (Held, J.).


Ordered that the judgment is affirmed, with one bill of costs.

We agree with the trial court that plaintiff failed to establish a prima facie case. Viewing the evidence in the light most favorable to plaintiff and giving him the benefit of all reasonable inferences which might be drawn therefrom, we are satisfied that no rational trier of the facts could have found in his favor (O'Neil v Port Auth., 111 A.D.2d 375). The evidence establishes that the plaintiff's injuries were caused solely by his own conduct when he lost his balance while reaching into the elevator. There was no evidence of any conduct on the part of the defendants which might have been a substantial cause of the accident (Boltax v Joy Day Camp, 67 N.Y.2d 617; Mack v Altmans Stage Light. Co., 98 A.D.2d 468). Mollen, P.J., Mangano, Brown and Sullivan, JJ., concur.


Summaries of

Brocalello v. 540 Madison Avenue Associates

Appellate Division of the Supreme Court of New York, Second Department
Feb 14, 1989
147 A.D.2d 519 (N.Y. App. Div. 1989)
Case details for

Brocalello v. 540 Madison Avenue Associates

Case Details

Full title:CHARLES BROCALELLO, Appellant, v. 540 MADISON AVENUE ASSOCIATES et al.…

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

Date published: Feb 14, 1989

Citations

147 A.D.2d 519 (N.Y. App. Div. 1989)
537 N.Y.S.2d 605

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