LIZDEN INDUSTRIES, INC. v. FRANCO BELLI PLUMBING AND HEATING AND SONS, INC.

Nos. 7777, 601420/06.

95 A.D.3d 738 (2012)

945 N.Y.S.2d 86

2012 NY Slip Op 4102

LIZDEN INDUSTRIES, INC., Respondent-Appellant, v. FRANCO BELLI PLUMBING AND HEATING AND SONS, INC., et al., Defendant, and OKANAGA U.S.A. CO., LTD. et al., Appellants-Respondents.

Appellate Division of the Supreme Court of New York, First Department.

Decided May 29, 2012.


Upon our review of the record, we conclude that there is a "valid line of reasoning and permissible inferences" (see Cohen v Hallmark Cards, 45 N.Y.2d 493, 499 [1978]) that supports the jury's finding of some negligence on the part of defendant Okanaga. However, we find that the apportionment of 75% fault to Okanaga is contrary to the weight of the evidence, which, fairly assessed, supports...

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