SDREGAS v. CITY OF NEW YORK


309 A.D.2d 612 (2003)

765 N.Y.S.2d 610

ANTONIO SDREGAS, Respondent, v. CITY OF NEW YORK et al., Appellants and Third-Party Plaintiffs-Respondents, et al., Defendant. KEYSTONE CONSTRUCTION CORP., Third-Party Defendant-Appellant. (And Other Actions.)

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

Decided October 16, 2003.


The trial evidence, fairly interpreted (see Nicastro v Park, 113 A.D.2d 129, 134 [1985]), permitted the jury to render the verdict it did. The evidence of appellant's violations of 12 NYCRR 23-1.8 and 23-1.9, while not conclusive, did constitute some evidence of negligence and, as such, was sufficient to reserve the issue of whether appellant's conduct had been reasonable and adequate under the circumstances to the trier of fact...

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