Alexander v. City of New York
Cases that cite this one
11 later published cases cite this decision.
- Cassidy v. Korik (Appellate Division of the Supreme Court of New York 2014)
- Mulham v. City of New York (Appellate Division of the Supreme Court of New York 2013)
- Mulham v. City of New York (Appellate Division of the Supreme Court of New York 2013)
- Jones v. City of New York (Appellate Division of the Supreme Court of New York 2022)
- Monaco v. Russillo (Appellate Division of the Supreme Court of New York 2021)
- Stancarone v. Sullivan (Appellate Division of the Supreme Court of New York 2018)
- Boyd v. City of New York (Appellate Division of the Supreme Court of New York 2017)
- LaPiedra v. City of New York (Appellate Division of the Supreme Court of New York 2014)
- LaPiedra v. City of New York (Appellate Division of the Supreme Court of New York 2014)
- Blake v. City of New York (Appellate Division of the Supreme Court of New York 2013)
- Blake v. City of New York (Appellate Division of the Supreme Court of New York 2013)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
In an action pursuant to General Municipal Law §§ 205-a or
Further, the Supreme Court did not err in charging the jury that the principles of comparative negligence are inapplicable to actions commenced pursuant to General Municipal Law § 205-e (see Giuffrida v Citibank Corp., 100 NY2d 72, 83 [2003]; Mullen v Zoebe, Inc., 86 NY2d 135, 142 [1995]; O’Connor v City of New York, 280 AD2d 309 [2001]; Warner v Adelphi Univ., 240 AD2d 730, 731-732 [1997]).
However, the Supreme Court should have granted that branch of the defendant’s motion which was pursuant to CPLR 4404 (a) to set aside the jury verdict and for judgment as a matter of law. In evaluating the legal sufficiency of the evidence, a reviewing court must determine whether there is any “valid line of reasoning and permissible inferences which could possibly lead [a] rational [person] to the conclusion reached by the jury on the basis of the evidence presented at trial” (Cohen v Hallmark Cards, 45 NY2d 493, 499 [1978]). Here, there was no valid line of reasoning which could have led to the conclusion that the claimed violation of Labor Law § 27-a resulted from the defendant’s “neglect, omission, willful or culpable negligence” (General Municipal Law § 205-e [1]). Specifically, while a defendant’s general knowledge of a recurring or similar condition may, under some circumstances, establish that the requisite notice of that condition existed for purposes of liability under General Municipal Law § 205-e (see Terranova v New York City Tr. Auth., 49 AD3d at 17-18; O’Grady v New York City Hous. Auth., 259 AD2d 442 [1999]; Lusenskas v Axelrod, 183 AD2d at 249), here, there
In light of our determination, we need not reach the defendant’s remaining contentions. Covello, J.E, Belen, Hall and Cohen, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.