Genco v. City of New York

OPINION OF THE COURT

Order entered January 15, 2003 reversed, with $10 costs, motion denied and jury verdict reinstated.

Plaintiff sustained injuries while incarcerated at Hikers Island during an attack by fellow inmates and seeks to recover damages in negligence against defendant City of New York. After a lengthy trial, the jury returned a defense verdict based upon express findings that defendant lacked “both notice and the opportunity to intervene to protect plaintiff.” This appeal follows the court’s grant of plaintiffs motion to set aside the verdict based upon a claimed error in the…