Aetna Casualty & Surety Co. v. Kinney System, Inc.

Order, Appellate Term, entered June 27, 1990, which affirmed a judgment of the Civil Court, New York County (Alvin F. Klein, J.H.O.), entered April 19, 1989, dismissing the complaint after a nonjury trial, unanimously affirmed, without costs.

Based on the uncontradicted evidence presented, the finders of fact could properly conclude that plaintiff had failed to establish defendant’s negligence. Concur — Ellerin, J. P., Asch, Kassal and Smith, JJ.