Soler v. Jersey Boring & Drilling Co., Inc.

Judgment, Supreme Court, New York County (Frank P. Ñervo, J.), entered June 5, 2015, dismissing the complaint, upon defendant Jersey Boring & Drilling Co., Inc.’s motion to set aside the jury verdict of liability in plaintiff’s favor and against it and dismiss the complaint, unanimously reversed, on the law, without costs, and the complaint and the verdict reinstated.

The evidence presented at trial was sufficient to support the conclusion that defendant drilled the hole into which plaintiff fell (see Schneider v Kings Hwy. Hosp. Ctr., 67 NY2d 743 [1986]). Although plaintiff concedes that the…