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SOLER v. JERSEY BORING & DRILLING CO., INC.

1802, 103189/10.

143 A.D.3d 421 (2016)

2016 NY Slip Op 06447

39 N.Y.S.3d 9

WANDA SOLER, Appellant, v. JERSEY BORING & DRILLING CO., INC., Respondent, et al., Defendant.

Appellate Division of the Supreme Court of New York, First Department.

Decided October 4, 2016.

The evidence presented at trial was sufficient to support the conclusion that defendant drilled the hole into which plaintiff fell (see Schneider v Kings Hwy. Hosp. Ctr., 67 N.Y.2d 743 [1986]). Although plaintiff concedes that the locations of the two documented holes drilled by defendant do not match the location of the accident, the jury could reasonably have concluded that the third...

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