Cumming v. Camara
Opinion of the Court
Judgment, Supreme Court, New York County (Nicholas Figueroa, J.), entered September 15, 2008, upon a jury verdict in defendants’ favor, unanimously affirmed, without costs.
Flaintiff was struck by a taxi, owned by defendant Dady and
Although the court improperly charged the jury on pedestrians crossing a roadway, under a provision of the Vehicle and Traffic Law that was superseded by the Rules of the City of New York (34 RCNY 4-04) pursuant to section 1642 (a) (10) and (11) of the Vehicle and Traffic Law, the error was harmless because it did not bear upon an issue reached by the jury (Gilbert v Luvin, 286 AD2d 600 [2001]). The improper charge related exclusively to plaintiffs duty of care in entering upon the roadway. The verdict was based on a finding that the driver was not negligent. Therefore, the jury never reached the question of plaintiffs negligence.
Viewing the evidence in the light most favorable to defendant as we must, the verdict was based on a fair interpretation of the evidence (see Mazariegos v New York City Tr. Auth., 230 AD2d 608, 609-610 [1996]). Moreover, there were a valid line of reasoning and permissible inferences that could possibly lead a rational person to the conclusion reached by the jury on the basis of the evidence presented at trial (see Cohen v Hallmark Cards, 45 NY2d 493, 499 [1978]).
We have reviewed plaintiffs other claims and find them without merit. Concur—Gonzalez, P.J., Friedman, Moskowitz, Renwick and DeGrasse, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.