Hayes v. City of New York

OPINION OF THE COURT

Stanley Green, J.

Defendant’s motion to set aside the verdict entered herein *171on January 19, 1995 is granted. Plaintiff brought this action to recover damages for personal injuries he sustained on July 30, 1982 while fighting a fire in the course of his employment as a fireman. On the way into a building to fight a fire on the fifth floor, he tripped and fell in a depressed drain cover in the courtyard of the building. He sustained a herniated disc and eventually was placed on light duty for 10 years before retiring.

The jury found that the defendant, the City of New York, as…