You are here: / / IN THIS SLIP AND FALL CASE, THE JURY PROPERLY FOUND THE LANDLORD NEGLIGENTLY...
,

IN THIS SLIP AND FALL CASE, THE JURY PROPERLY FOUND THE LANDLORD NEGLIGENTLY FAILED TO MAINTAIN A HANDRAIL BUT THE LOOSE HANDRAIL WAS NOT A PROXIMATE CAUSE OF THE FALL (SECOND DEPT). ​

The Second Department, over a dissent, determined the jury in this slip and fall case properly rejected plaintiff’s testimony because it was inconsistent. The jury found that the landlord negligently failed to maintain a handrail which had become loose, but that the loose handrail was not a proximate cause of plaintiff’s fall:

Given the nature of the plaintiff’s testimony, there is no basis to disturb the jury’s determination. “Where, as here, ‘there is a reasonable view of the evidence under which it is not logically impossible to reconcile a finding of negligence but no proximate cause, it will be presumed that, in returning such a verdict, the jury adopted that view'” … .

Moreover, the jury was not required to accept the testimony of the plaintiff’s expert to the exclusion of the facts and circumstances provided by other testimony and evidence—including the plaintiff’s own inconsistent version of the accident … . Although the plaintiff’s expert opined that the proximate cause of the accident was the loose handrail, the expert admitted at trial that the plaintiff’s testimony that she was disposing of a bag of garbage prior to the accident was not included in his report. Thus, the jury was free to reject the opinion proffered by the plaintiff’s expert despite the absence of a defendant’s expert. Galeano v Giambrone, 2023 NY Slip Op 03909, Second Dept 7-26-23

Practice Point: Because of the plaintiff’s inconsistent testimony about how she fell, the jury properly rejected her testimony as well and the plaintiff’s expert’s testimony, despite the absence of a defense expert. The jury could have properly determined the landlord was negligent in failing to maintain a handrail, but the loose handrail was not a proximate cause of the plaintiff’s fall.

 

You might also like
Proof Submitted in Reply Papers Not Considered
Exceptions to “No-Damage-for-Delay” Clause in Construction Contract Explained
THE POLICE TESTIMONY AT THE SUPPRESSION HEARING WAS NOT WORTHY OF BELIEF; THEREFORE THE PEOPLE DID NOT DEMONSTRATE THE LEGALITY OF THE POLICE CONDUCT; INDICTMENT DISMISSED (SECOND DEPT).
PROOF OF THE VALUE OF THE STOLEN ITEMS WAS INSUFFICIENT; GRAND LARCENY 3RD DEGREE CONVICTION NOT SUPPORTED BY THE WEIGHT OF THE EVIDENCE (SECOND DEPT).
CHILD’S STATEMENTS ABOUT RESPONDENT PROPERLY EXCLUDED FROM NEGLECT PROCEEDING INVOLVING A DIFFERENT CHILD, NO SHOWING RESPONDENT WAS LEGALLY RESPONSIBLE FOR THE CHILD WHO MADE THE STATEMENTS.
THE USUAL STRICT CRITERIA FOR VACATING A DEFAULT ORDER ARE RELAXED IN CHILD CUSTODY PROCEEDINGS; MOTHER’S MOTION TO VACATE THE DEFAULT ORDER AWARDING CUSTODY TO FATHER SHOULD HAVE BEEN GRANTED (SECOND DEPT).
FAMILY COURT ABUSED ITS DISCRETION BY DENYING THE APPLICATION FOR AN ADJOURNMENT IN CONTEMPLATION OF DISMISSAL IN THIS JUVENILE DELINQUENCY PROCEEDING (SECOND DEPT).
NECESSARY EXPERT EVIDENCE WAS NOT PRESENTED BY THE PLAINTIFF IN THIS ARCHITECT MALPRACTICE CASE, THE ARCHITECT’S MOTION TO SET ASIDE THE VERDICT SHOULD HAVE BEEN GRANTED (SECOND DEPT).

Categories

Sign Up for the Mailing List to Be Notified When the Site Is Updated.

  • This field is for validation purposes and should be left unchanged.

Copyright © 2026 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

PURSUANT TO THE FORECLOSURE ABUSE PREVENTION ACT (FAPA) THE BANK IS ESTOPPED... ​THE BUYER WAS NOTIFED TIME WAS OF THE ESSENCE IN THIS REAL ESTATE DEAL AND...