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GONZALEZ v. 1436 BEACH REALTY LLC

Index No. 306151/11. Appeal No. 15632. Case No. 2021-00207.

203 A.D.3d 658 (2022)

163 N.Y.S.3d 798

2022 NY Slip Op 02193

Julia Gonzalez, Respondent-Appellant, v. 1436 Beach Realty LLC, Appellant-Respondent.

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

Decided March 31, 2022.

Attorney(s) appearing for the Case

Carol R. Finocchio, Water Mill (Marie R. Hodukavich of counsel), for appellant-respondent.

Pollack, Pollack, Isaac & DeCicco, LLP, New York (Brian J. Isaac of counsel), for respondent-appellant.

Concur—Renwick, Gesmer, Singh, Rodriguez, JJ.

The trial court properly declined to disturb the jury's liability verdict against defendant as it was supported by legally sufficient evidence, and it was not contrary to the weight of the credible evidence. The jury could have reasonably found from the testimony of plaintiff and the building porter that defendant had constructive notice of the unsafe condition that caused plaintiff's fall (cf. Mareneck v Bohemian Brethern Presbyt. Church, 201 A.D.3d 471 [1st Dept...

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