Ruiz v. City of New York

Order, Supreme Court, New York County (Carol Huff, J.), entered January 12, 2000, which denied plaintiff’s motion to set aside the jury verdict in defendant’s favor, unanimously affirmed, without costs.

The motion was properly denied. The trial evidence, fairly considered, permitted the jury to conclude that plaintiff had not fallen in a hole in the City-owned sidewalk, but rather that her injuries were caused when she fell on ice. The issue of whether plaintiff credibly testified at trial that she had fallen in a sidewalk hole, when she had testified at her deposition *43four years earlier that…