MacDonald v. Agbim

In an action to recover damages for personal injuries, the plaintiff appeals from a judgment of the Supreme Court, Suffolk County (Fines, J.), entered August 28, 2007, which, upon the denial of his motion pursuant to CFLR 4401 for judgment in his favor as a matter of law, made at the close of evidence, and upon a jury verdict, is in favor of the defendants and against him, in effect, dismissing the complaint.

Ordered that the judgment is affirmed, with costs.

Under the doctrine of “danger invites rescue” (Wagner v International Ry. Co., 232 NY 176, 180 [1921]), a party may be *831held liable when…