Opinion
2002-08766.
Decided December 8, 2003.
In an action to recover damages for personal injuries, etc., the plaintiffs appeal from a judgment of the Supreme Court, Queens County (Schmidt, J.), entered August 21, 2002, which, upon a jury verdict determining that the defendant, the City of New York, was not liable for the infant plaintiff's injuries, and upon an order of the same court dated June 28, 2002, denying the plaintiffs' motion pursuant to CPLR 4404, inter alia, to set aside the verdict as against the weight of the evidence, is in favor of the defendant and against them.
Shaub, Ahmuty, Citrin Spratt, LLP, (Christopher Simone and Roseann V. Driscoll of counsel), for appellants.
Michael A. Cardozo, Corporation Counsel, (Kristin M. Helmers, Janet L. Zaleon, and Ralph Janzen of counsel), for respondent.
Before: HOWARD MILLER, WILLIAM F. MASTRO, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed, with costs.
Contrary to the plaintiffs' contention, it was not "logically impossible" ( Rubin v. Pecoraro, 141 A.D.2d 525, 527) to find that the defendant was negligent without also finding that such negligence was a proximate cause of the accident ( see El-Shafaie v. Verma, A.D.2d [2d Dept, Dec. 1, 2003]). Accordingly, the Supreme Court properly denied the motion pursuant to CPLR 4404, inter alia, to set aside the verdict as against the weight of the evidence ( see People v. McNeal, 300 A.D.2d 322; Martonick v. Pudiak, 285 A.D.2d 935, 935-936; Schaefer v. Guddemi, 182 A.D.2d 808; Brennan v. Bauman and Sons Buses, 107 A.D.2d 654; see also Nicastro v. Park, 113 A.D.2d 129).
FLORIO, J.P., FRIEDMANN, H. MILLER and MASTRO, JJ., concur.