Bardi v. City of New York

—In an action to recover damages for personal injuries, the plaintiff appeals from a judgment of the Supreme Court, Kings County (Barasch, J.), dated March 12, 2001, which, upon an order of the same court, dated December 18, 2000, granting the defendant’s motion to set aside a jury verdict in his favor and against it, and for judgment as a matter of law, dismissed the complaint.

Ordered that the judgment is affirmed, with costs.

To establish a prima facie case based on circumstantial evidence, the plaintiff must show “facts and conditions from which the negligence of the defendant and the…