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RUSCILLO-STEINER v. CITY OF NEW YORK

11 A.D.3d 597 (2004)

782 N.Y.S.2d 675

JOANNE RUSCILLO-STEINER, Appellant, v. CITY OF NEW YORK, Respondent.

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

October 18, 2004.

Ordered that the order is affirmed, with costs.

"A jury finding that a party was negligent but that such negligence was not a proximate cause of the accident is inconsistent and against the weight of the evidence only when the issues are `so inextricably interwoven as to make it logically impossible to find negligence without also finding proximate cause'" (Cona v Dwyer, 292 A.D.2d 562, 563 [2002], quoting Rubin v Pecoraro...

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