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VERDI v. TOP LIFT & TRUCK INC.

50 A.D.3d 574 (2008)

856 N.Y.S.2d 605

VICTOR VERDI, Appellant, v. TOP LIFT & TRUCK INC., Respondent.

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

Decided April 29, 2008.

The trial court properly denied the branch of defendant's motion for a directed verdict that was based on the argument that plaintiff's behavior was so reckless as to constitute the sole legal cause of his injuries (see Soto v New York City Tr. Auth., 6 N.Y.3d 487, 492 [2006]). Plaintiff's carelessness in maneuvering the motorized power jack in violation of the written warnings on the machine "did not constitute such an unforeseeable...

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