Cruz v. Bronx Lebanon Hospital Center

Friedman, J.P., and Saxe, J.,

dissent in a memorandum by Saxe, J., as follows: Plaintiff claimed that, while playing with her grandson at a picnic in defendant’s courtyard playground, she tripped and fell when her foot was caught in a “worn out” spot in the rubber matting covering the playground. The jury found defendant liable, and the trial court denied defendant’s motion to set aside the verdict on the grounds, among others, that the evidence of constructive notice of the condition was insufficient and the verdict was against the weight of the evidence. The majority now affirms.

I would…