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LEZAMA v. JUDLAU CONTR., INC.

Index No. 307293/10. Appeal No. 15642. Case No. 2021-01823.

203 A.D.3d 662 (2022)

166 N.Y.S.3d 134

2022 NY Slip Op 02199

Steve Lezama, Appellant, v. Judlau Contracting, Inc., Respondent.

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

Decided March 31, 2022.

Attorney(s) appearing for the Case

The Law Office of Robert Dunne LLC, New York (Robert Dunne of counsel), for appellant.

London Fischer LLP, New York (David B. Franklin of counsel), for respondent.

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

The jury's conclusion, based on plaintiff's testimony, that defendant was negligent in creating the defective condition that caused plaintiff to trip and fall was not utterly irrational (see Cohen v Hallmark Cards, 45 N.Y.2d 493, 499 [1978]). While plaintiff's testimony was at times confusing and inarticulate, his account was not incredible, illogical, manifestly untrue, or physically impossible (see Phillips v Katzman,

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