Legal Opinion

Jorgensen v. New York Foundation for Senior Citizen Guardian Services, Inc.

Appellate Division of the Supreme Court of the State of New York

Decided April 30, 2009PublishedCited by 1 opinion

1Opinion of the Court

Judgment, Supreme Court, Bronx County (Stanley Green, J.), entered October 27, 2008, upon a jury verdict in defendants’ favor, unanimously affirmed, without costs.

In reaching its verdict that defendant James was not negligent, the jury could fairly have concluded that James could not have foreseen that an object hidden from view would fall and cause plaintiffs injury (see White v New York City Tr. Auth., 40 AD3d 297, 297 [2007]).

The court’s jury charge did not impermissibly narrow the scope of foreseeability but properly “incorporate [d] the factual contentions of the parties in respect of…

2Cases cited2 opinions

  1. Green v. DownsNew York Court of Appeals · 1970
  2. White v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2007

3Cited by1 opinion

  1. Paus v. 565 Equities, Inc.Appellate Division of the Supreme Court of the State of New York · 2023

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