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Jorgensen v. New York Foundation for Senior Citizen Guardian Services

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


April 30, 2009

CHRISTOPHER JORGENSEN, PLAINTIFF-APPELLANT,
v.
NEW YORK FOUNDATION FOR SENIOR CITIZEN GUARDIAN SERVICES, INC., ET AL., DEFENDANTS-RESPONDENTS.

Judgment, Supreme Court, Bronx County (Stanley Green, J.), entered October 27, 2008, upon a jury verdict in defendants' favor, unanimously affirmed, without costs.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Gonzalez, P.J., Tom, Sweeny, Buckley, Acosta, JJ.

13163/02

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 AD3d 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 respect of the legal principles charged" (Green v Downs, 27 NY2d 205, 208 [1970]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

20090430

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