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BOINOFF v. RIVERBAY CORP.

245 A.D.2d 4 (1997)

665 N.Y.S.2d 958

Barbara Boinoff et al., Appellants, v. Riverbay Corporation, Respondent

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

December 2, 1997

No basis exists to overturn the jury's apportionment of liability, given, inter alia, the visible defect in the sidewalk upon which plaintiff tripped, her familiarity with that sidewalk and her preexisting physical condition (see, Hodges v City of New York, 195 A.D.2d 269, 270). Likewise, the jury's decision not to award damages for loss of consortium is fully supported by the record (see, Silverstein v Harmonie...

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