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TROMBIN v. CITY OF NEW YORK

33 A.D.3d 564 (2006)

824 N.Y.S.2d 14

KLAUDIO TROMBIN et al., Appellants, v. CITY OF NEW YORK et al., Defendants, and MUHAMMAD H. RAHMAN et al., Respondents.

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

Decided October 31, 2006.

Plaintiffs' motion for a directed verdict was properly denied since, based on the trial evidence, the jury could have rationally concluded (see Cohen v Hallmark Cards, 45 N.Y.2d 493, 499 [1978]) that on the occasion in question defendant taxicab operator Rahman unavoidably lost control of his vehicle after hitting a pothole and, accordingly, was not negligent in connection with the accident in which plaintiff Klaudio Trombin, his...

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