Brecht v. Copper Sands, Inc.

Order unanimously affirmed without costs. Memorandum: Supreme Court did not err in granting plaintiffs motion for a new trial on the ground that the verdict was inconsistent and against the weight of the evidence. The jury’s finding that defendant was negligent in allowing a dangerous condition to exist at the entranceway of its restaurant cannot be reconciled with the finding that the condition was not a proximate cause of plaintiffs fall (see, Bucich v City of New York, 111 AD2d 646, 647). Although defendant claimed that plaintiff caused her own fall because she was intoxicated and failed…