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SHAH v. 20 E. 64TH ST., LLC

Index No. 156305/15. Appeal Nos. 14856-14857. Case Nos. 2020-02589, 2020-02590, 2020-02591.

200 A.D.3d 545 (2021)

155 N.Y.S.3d 322

2021 NY Slip Op 06971

Hemant Shah et al., Respondents, v. 20 East 64th Street, LLC, et al., Respondents-Appellants, and Tri Star Construction Corp., Appellant-Respondent, et al., Defendants.

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

Decided December 14, 2021.

Attorney(s) appearing for the Case

Peckar & Abramson, New York ( Kevin J. O'Connor of counsel), for appellant-respondent.

Wade Clark Mulcahy LLP, New York ( Michael A. Bono of counsel), for 20 East 64th Street, LLC, respondent-appellant.

Mauro Lilling Naparty LLP, Woodbury ( Eric Z. Leiter of counsel), for Urban Foundation/Engineering, LLC, respondent-appellant.

Law Office of Kenneth G. Roberts, P.C., New York ( Kenneth Roberts of counsel), for respondents.

Concur—Gische, J.P., Webber, Oing, Singh, Higgitt, JJ.

The jury's verdict finding Tri-Star to have been negligent was supported by legally sufficient evidence and was not against the weight of the evidence (see generally Killon v Parrotta, 28 N.Y.3d 101 [2016]; Lolik v Big V Supermarkets, 86 N.Y.2d 744 [1995]; Cohen v Hallmark Cards, 45 N.Y.2d 493 [1978]). Based on the evidence adduced at trial, it...

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