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McEACHIN v. SEWARD MANOR ASSOCIATES

305 A.D.2d 136 (2003)

757 N.Y.S.2d 841

STEPHANIE McEACHIN, Respondent, v. SEWARD MANOR ASSOCIATES, Appellant.

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

Decided May 6, 2003.

The finding that the climber from which the then eight-year-old plaintiff fell was unsafe has sufficient support in the testimony of plaintiff, her father and her expert. No basis exists to disturb the jury's finding crediting the testimony of plaintiff's expert over the conflicting testimony of defendant's expert (see Heraud v Weissman, 276 A.D.2d 376 [2000], lv denied 96 N.Y.2d...

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