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JORGENSEN v. NEW YORK FOUNDATION FOR SENIOR CITIZEN GUARDIAN SERVICES, INC.

61 A.D.3d 612 (2009)

876 N.Y.S.2d 870

CHRISTOPHER JORGENSEN, Appellant, v. NEW YORK FOUNDATION FOR SENIOR CITIZEN GUARDIAN SERVICES, INC., et al., Respondents.

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

Decided April 30, 2009.

In reaching its verdict that defendant James was not negligent, the jury could fairly have concluded that James could not have foreseen that an object hidden from view would fall and cause plaintiff's injury (see White v New York City Tr. Auth., 40 A.D.3d 297, 297 [2007]).

The court's jury charge did not impermissibly narrow the scope of foreseeability but properly "incorporate[d] the factual contentions of the parties in...

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