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Perez v. Andrews Plaza Housing Associates

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


December 10, 2009

GLADYS PEREZ, PLAINTIFF-APPELLANT,
v.
ANDREWS PLAZA HOUSING ASSOCIATES, L.P., ET AL., DEFENDANTS-RESPONDENTS.

Judgment, Supreme Court, Bronx County (Alan J. Saks, J.), entered September 4, 2008, upon a jury verdict in favor of defendants, dismissing the complaint, 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.

Mazzarelli, J.P., Andrias, Saxe, Catterson, Acosta, JJ.

16985/04

The jury's verdict was supported by valid lines of reasoning and permissible inferences from the evidence at trial (see Cohen v Hallmark Cards, 45 NY2d 493, 499 [1978]), and was not against the weight of the evidence. Notwithstanding that defendants presented no direct evidence to contradict it, the jury was free to disbelieve plaintiff's testimony that she gave defendants notice of the defective door saddle that caused her to slip and fall (see PJI 1:37; Matter of Nowakowski, 2 NY2d 618, 622 [1957]). The jury could rationally have found plaintiff's testimony unbelievable in light of her admission that she never went to defendants' management office to complain in person during the three months in which she claimed her telephoned complaints were being ignored and defendants' evidence that they had responded to other, unrelated, complaints that plaintiff made in the same time period.

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

20091210

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