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HARTPENCE v. 288 W. 10TH ST. OWNERS CORP.

188 A.D.2d 346 (1992)

Ande Hartpence, Appellant, v. 288 West 10th Street Owners Corp. et al., Respondents

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

December 8, 1992

A review of the evidence presented by plaintiff demonstrated that her own negligence was the sole proximate cause of the accident. There is nothing in the evidence from which a rational jury could find that defendants were at all negligent (see, Prince v City of New York, 21 A.D.2d 668). While plaintiff argues that her expert should have been permitted to testify on her behalf, the expert failed to demonstrate that his testimony...

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