Opinion
October 1, 1992
Appeal from the Supreme Court, New York County (Harold Baer, Jr., J.).
We agree with the IAS Court that there was no rational process by which the jury could have reached a verdict finding negligence on the part of defendant managing agent but not defendant hotel, inasmuch as all of the evidence concerned the hotel's responsibilities and activities, and failed to demonstrate the scope and extent of the duties assumed by defendant managing agent with respect to maintenance of the premises (see, Jones v Park Realty [appeal No. 2], 168 A.D.2d 945, affd 79 N.Y.2d 795). There being no such proof, the verdict against the agent was properly set aside. Plaintiff's other points are not preserved for appellate review.
Concur — Sullivan, J.P., Milonas, Ellerin and Rubin, JJ.