Stanley v. Colombo

Full title: THOMAS STANLEY et al., Appellants, v. ANTHONY COLOMBO et al., Respondents

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

Date published: Mar 8, 1999

259 A.D.2d 539 (N.Y. App. Div. 1999)

684 N.Y.S.2d 910

Opinion

March 8, 1999

Appeal from the Supreme Court, Orange County (Murphy, J.).

Ordered that the judgment is affirmed, with costs.

The plaintiff Thomas Stanley was injured falling off a ladder while removing Christmas' lights from the outside of the defendant's residence. Just prior to the fall, the defendant Anthony Colombo was holding the ladder, but released his hold to answer the telephone. Seconds later, Stanley fell.

The jury's finding that Colombo was not negligent could have been reached on a fair interpretation of the evidence (see, Ramirez v. Sears, Roebuck Co., 236 A.D.2d 530, 531; Nicastro v. Park, 113 A.D.2d 129, 133-134).

Ritter, J. P., Sullivan, Altman and McGinity, JJ., concur.