Candela v. New York City School Construction Authority

Order, Supreme Court, New York County (Geoffrey D. Wright, J.), entered March 19, 2013, which, to the extent appealable, denied plaintiffs’ motion to renew their posttrial motion for a directed verdict on the issue of liability, unanimously affirmed, without costs.

Plaintiffs interpret this Court’s prior decision (97 AD3d 507 [1st Dept 2012]), as making conclusive findings of fact as to the existence of a dangerous condition and notice. However, appellate courts do not have the power to make factual findings in weight of the evidence analysis in a jury case (see Cohen v Hallmark Cards, 45 NY2d…