COLBERG v. NEW YORK CITY HOUSING AUTHORITY (2000)

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

Tomas COLBERG, et al., Plaintiffs-Appellants, v. The NEW YORK CITY HOUSING AUTHORITY, Defendant-Respondent.

Decided: December 07, 2000

MAZZARELLI, J.P., WALLACH, ANDRIAS, SAXE and BUCKLEY, JJ.

Tania M. Pagan, for Plaintiffs-Appellants. Grace Goodman, for Defendant-Respondent.

Order, Supreme Court, Bronx County (Anne Targum, J.), entered April 19, 1999, which granted defendant's motion to set aside the jury verdict in plaintiffs' favor and dismissed the complaint, unanimously affirmed, without costs.

The trial evidence, even when considered in the light most favorable to plaintiffs, fails to establish a prima facie case of negligence. There was no indication that plaintiff's injuries, which occurred during his attempt on a rainy winter evening to plug a leak on a roof from which he, along with all of defendant's other tenants, had been prohibited, were foreseeable by defendant landlord.

We have considered defendant's remaining contentions and find them unavailing.

MEMORANDUM DECISION.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.

Go To Learn About The Law