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POWER v. TEACHERS INSURANCE & ANNUITY ASSOCIATION

295 A.D.2d 120 (2002)

742 N.Y.S.2d 549

GARY POWER et al., Respondents, v. TEACHERS INSURANCE & ANNUITY ASSOCIATION, Defendant, and CAULDWELL-WINGATE COMPANY, INC., Appellant and Third-Party Plaintiff-Appellant. CANRON CONSTRUCTION CORP., Third-Party Defendant-Appellant, and LIBERTY CONTRACTING CORP., Third-Party Defendant-Respondent.

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

Decided June 4, 2002.

The court properly found that there was "simply no valid line of reasoning and permissible inferences which could possibly lead rational [jurors] to the conclusion reached by the jury on the basis of the evidence presented at trial" (Cohen v Hallmark Cards, 45 N.Y.2d 493, 499). Appellants' witnesses testified that Liberty was required only to cut away vertically protruding rebar following its removal of concrete from the area of...

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