Pitre v. City of New York
Cases that cite this one
1 later published case cites this decision.
- Benegas v. Ardsley Country Club, Inc. (Appellate Division of the Supreme Court of New York 2024)
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
Contrary to the plaintiffs’ contention, the Supreme Court did not err in denying their motion pursuant to CPLR 4401 for judgment as a matter of law on the issue of liability on their Labor Law § 240 (1) cause of action. In order to grant such a motion, the court must, viewing the evidence in the light most favorable to the defendant, conclude that there is no rational process by which the jury could base a finding in favor of the defendant (see CPLR 4401; Szczerbiak v Pilot, 90 NY2d 553, 556 [1997]; Nestro v Harrison, 78 AD3d 1032, 1033 [2010]). Here, there was a rational process by which the jury could find that the defendant third-party plaintiff did not violate Labor Law § 240 (1). Upon the evidence presented, the jury could have rationally concluded that a ladder the injured plaintiff was using for the work was adequate and did not slip or that any inadequacy in the ladder was not the proximate cause of the injury. Accordingly, the Supreme Court properly denied the plaintiffs’ motion pursuant to CPLR 4401 for judgment as a matter of law on the issue of liability on their Labor Law § 240 (1) cause of action.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.