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COLON v. NEW YORK CITY HOUS. AUTH.

248 A.D.2d 254 (1998)

670 N.Y.S.2d 428

Jasmine Colon, an Infant, by Her Father and Natural Guardian, Jimmy Colon, et al., Respondents, v. New York City Housing Authority, Appellant

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

March 19, 1998

Plaintiff teenager suffered a serious laceration to her thigh when, in the course of running through an unlit parking lot and admittedly not paying attention to her surroundings, she fell against metal protruding from an abandoned car, which vehicle she had previously observed. In these circumstances, the jury's apportionment of fault cannot be sustained under any fair interpretation of the evidence (see, Schildkraut v Eagle Lines, 126 A.D.2d...

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