SPENCER v. CITY OF NEW YORK


300 A.D.2d 468 (2002)

752 N.Y.S.2d 688

ETHEL SPENCER et al., Respondents, v. CITY OF NEW YORK, Appellant.

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

Decided December 16, 2002.


Ordered that the order is reversed, on the law, with costs, the motion is denied, and the verdict is reinstated.

While on premises owned by the defendant, the injured plaintiff sat in a chair, which allegedly broke and caused her to fall and sustain injuries. The jury returned a verdict finding that the defendant was not negligent. The Supreme Court set aside the verdict and granted a new trial. The defendant appeals.

"[A] jury verdict in favor of a defendant...

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