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DIAZ v. CITY OF NEW YORK

3971, 3972, 116703/03.

80 A.D.3d 425 (2011)

915 N.Y.S.2d 58

ANGELO DIAZ, Respondent-Appellant, v. CITY OF NEW YORK, Appellant-Respondent.

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

Decided January 4, 2011.

The jury found that defendant was negligent in that the work site was in an unsafe condition. The jury's conclusion that the unsafe condition caused plaintiff's injury was not against the weight of the evidence (see McDermott v Coffee Beanery, Ltd., 9 A.D.3d 195, 206 [2004]). The evidence adduced at trial established that plaintiff slipped on oil or grease while descending from a collection truck, as a result of which he suffered...

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