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QUINN v. CITY OF NEW YORK

198 A.D.2d 173 (1993)

604 N.Y.S.2d 69

Thomas Quinn, Appellant, v. City of New York, Respondent

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

November 23, 1993

Since plaintiff failed to meet his burden of proving that "a violation of a safety regulation promulgated pursuant to Labor Law § 241 (6) was the proximate cause of the accident" (Ares v State of New York, 80 N.Y.2d 959, 960), he was not entitled to a directed verdict. Further, as the jury could have reached its decision by a fair interpretation of the evidence, the court properly refused to set it aside (see, Pettersen...

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