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GARDNER v. CONSOLIDATED EDISON CO. OF N.Y., INC.

10981.

180 A.D.3d 469 (2020)

115 N.Y.S.3d 667

2020 NY Slip Op 00980

Venisha Gardner, Appellant, v. Consolidated Edison Company of New York, Inc., Respondent.

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

Decided February 11, 2020.

The trial evidence was insufficient as a matter of law to support the jury's verdict that defendant (Con Ed) was responsible for the injury plaintiff received when she bumped into a trash bag containing broken fluorescent bulbs in the store where she was working (see Cohen v Hallmark Cards, 45 N.Y.2d 493, 499 [1978]). Even if there was sufficient evidence to show that the person who changed the bulb and then discarded it in the bag...

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