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Fasano v. Crivera

Appellate Division of the Supreme Court of New York, Second Department
Apr 12, 1999
260 A.D.2d 426 (N.Y. App. Div. 1999)

Opinion

April 12, 1999

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


Ordered that the judgment is affirmed, with costs.

The plaintiff slipped on a cracked marble tile step in the defendant's home. The jury found for the defendant and the plaintiff's motion to set aside the verdict was denied. We affirm.

The court properly denied the plaintiff's motion, since the jury's verdict was supported by a fair interpretation of the evidence and a valid line of reasoning could lead rational people to a similar conclusion ( see, Shachnow v. Myers, 229 A.D.2d 432; Buckenberger v. Clark Constr. Corp., 208 A.D.2d 790). Contrary to the plaintiff's contention, the trial court did not improvidently exercise its discretion by failing to marshal the evidence since the case was of short duration, the issues involved were simple; and the law applicable to the case was fully stated in the charge ( see, Brown v. City of New York, 154 A.D.2d 325; Green v. Meyer, 114 A.D.2d 352).

The plaintiff's remaining contention is unpreserved for appellate review.

Santucci, J. P., Sullivan, Florio and McGinity, JJ., concur.


Summaries of

Fasano v. Crivera

Appellate Division of the Supreme Court of New York, Second Department
Apr 12, 1999
260 A.D.2d 426 (N.Y. App. Div. 1999)
Case details for

Fasano v. Crivera

Case Details

Full title:ALEX FASANO, Appellant, v. SANTO CRIVERA, Respondent

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

Date published: Apr 12, 1999

Citations

260 A.D.2d 426 (N.Y. App. Div. 1999)
689 N.Y.S.2d 166

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