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GONZALEZ v. CITY OF NEW YORK

45 A.D.3d 347 (2007)

846 N.Y.S.2d 92

OLGA GONZALEZ, Appellant, v. CITY OF NEW YORK, Respondent. ROBERT A. CARDALI & ASSOCIATES, LLP, Respondent.

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

Decided November 13, 2007.

In this personal injury action resulting from a trip and fall on a two-inch sidewalk differential, it cannot be said that the verdict as to apportionment of liability was against the weight of the evidence. "A verdict should not be set aside unless the evidence so preponderates in favor of the moving party that the verdict could not have been reached upon any fair interpretation of the evidence" (Galimberti v Carrier Indus., 222 A.D.2d 649

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