Opinion
March 23, 1998
Appeal from the Supreme Court, Queens County (Price, J.).
Ordered that the judgment is modified, on the law, by deleting therefrom the principal sum of $36,500, and substituting therefor the principal sum of $73,000; as so modified, the judgment is affirmed, with costs to the plaintiff, and the matter is remitted to the Supreme Court, Queens County, for the entry of an amended judgment in accordance herewith.
On the facts presented at trial, there was no valid line of reasoning from which the jury could have concluded that the plaintiff engaged in conduct which fell below the standard required of a reasonably prudent person to keep herself from harm (see, Nallan v. Helmsley-Spear, Inc., 50 N.Y.2d 507, 517; Linszer v. Wachsman, 232 A.D.2d 530; Louise B. G. v. New York City Bd. of Educ., 143 A.D.2d 728, 729-730). Thus, we find that the plaintiff was not negligent, and that the defendant was 100% at fault in the happening of the accident. Accordingly, the plaintiff is entitled to a judgment in the principal sum of $73,000, and the matter is remitted to the Supreme Court, Queens County, for the entry of an amended judgment.
O'Brien, J. P., Thompson, Sullivan and Pizzuto, JJ., concur.