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NATALE v. ROCKEFELLER CTR. MGMT. CORP.

224 A.D.2d 194 (1996)

637 N.Y.S.2d 132

Leonora Natale et al., Appellants, v. Rockefeller Center Management Corp. et al., Respondents, et al., Defendant, et al., Third-Party Plaintiff, et al., Second Third-Party Plaintiff. Shea & Gould, Third-Party Defendant-Respondent and Second Third-Party Defendant-Respondent

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

February 1, 1996

It was within the province of the jury to resolve the conflicting evidence on the key factual issue of whether any warning cones had been placed in the area where plaintiff allegedly tripped and thus, the verdict was not against the weight of the evidence (see, Vavosa v Stiles, 220 A.D.2d 363, 364).

Defense counsel's reading of excerpts from plaintiff's deposition, and his attempts to provide the jury with the defense...

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