New York Court of Appeals, 1992

Bommer v. County of Erie

Bommer v. County of Erie
New York Court of Appeals · Decided June 11, 1992
80 N.Y.2d 816; 600 N.E.2d 213; 587 N.Y.S.2d 582; 1992 N.Y. LEXIS 1541

Bommer v. County of Erie

Opinion of the Court

OPINION OF THE COURT

Memorandum.

The orders of the Appellate Division should be affirmed, with costs.

At trial, plaintiff offered no proof that Erie County’s failure to install the sign in concrete caused the sign to fall or proximately caused his injuries. Viewing the proof adduced at trial in a light most favorable to the plaintiff and giving the plaintiff the benefit of every favorable inference, we conclude *818that no valid line of reasoning and permissible inferences could possibly lead rational jurors to conclude that Erie County’s failure to install the sign in concrete caused plaintiffs injuries (see, Cohen v Hallmark Cards, 45 NY2d 493, 499). Accordingly, the Appellate Division correctly granted defendant’s motion to set aside the jury verdict.

Chief Judge Wachtler and Judges Simons, Kaye, Titone, Hancock, Jr., and Bellacosa concur.

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), orders affirmed, with costs, in a memorandum.

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