THOMAS v. COUNTY OF WESTCHESTER

2020-06372. Index No. 66883/15.

222 A.D.3d 799 (2023)

202 N.Y.S.3d 385

2023 NY Slip Op 06397

Keith Thomas, Appellant-Respondent, v. County of Westchester, Respondent-Appellant, and Faculty Student Association of Westchester Community College, Inc., Respondent.

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

Decided December 13, 2023.


Attorney(s) appearing for the Case

Cohn & Spector, White Plains, NY ( Julius W. Cohn and Wendy E. Wells of counsel), for appellant-respondent.

John M. Nonna , County Attorney, White Plains, NY ( David H. Chen of counsel), for respondent-appellant.

Wilson Elser Moskowitz Edelman & Dicker LLP, White Plains, NY ( John M. Flannery and Eliza M. Scheibel of counsel), for respondent.

Brathwaite Nelson, J.P., Wooten, Wan and Love, JJ., concur.


In an action to recover damages for negligence, the plaintiff appeals, and the defendant County of Westchester cross-appeals, from an order of the Supreme Court, Westchester County (William J. Giacomo, J.), dated July 31, 2020. The order, insofar as appealed from, granted those branches of the defendants' separate motions which were pursuant to CPLR 4404(a) to set aside a jury verdict in favor of the plaintiff on the issue of liability and for judgment as a matter of law...

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