Opinion
Argued January 3, 2000
February 10, 2000
In an action to recover damages for personal injuries, etc., the defendant appeals from an interlocutory judgment of the Supreme Court, Kings County (Dowd, J.), entered February 9, 1999, which, upon a jury verdict finding it 75% at fault in the happening of the accident, is in favor of the plaintiffs and against it on the issue of liability.
Paganini Herling (Wilson, Elser, Moskowitz, Edelman Dicker, LLP, New York, N.Y. [Michael Boulhosa and Richard E. Lerner] of counsel), for appellant.
Eisenberg, Margolis, Friedman Moses, New York, N.Y. (I. Bryce Moses and Steven B. Dorfman of counsel), for respondents.
GUY JAMES MANGANO, P.J. LAWRENCE J. BRACKEN, DANIEL W. JOY and HOWARD MILLER, JJ.
DECISION ORDER
ORDERED that the interlocutory judgment is affirmed, with costs.
The issue of whether the leak in the roof of the store the plaintiffs leased from the defendant was a proximate cause of the injured plaintiff's accident was a factual issue to be resolved by the jury (see, Jackson v. New York Hous. Auth., 214 A.D.2d 605, 606 ;McCann v. City of New York, 205 A.D.2d 668, 669 ; Shutak v. Handler, 190 A.D.2d 345, 348 ; Snyder v. Moore, 72 A.D.2d 580 ; Pagan v. Goldberger, 51 A.D.2d 508, 512 ). The jury verdict was supported by the evidence (see, Nicastro v. Park, 113 A.D.2d 129, 132 ).