Powell v. City of New York

Appeal from judgment, Supreme Court, Bronx County (Kib-bie F. Payne, J.), entered May 1, 2015, upon reinstating a jury verdict in favor of defendant, dismissing plaintiff’s complaint, unanimously dismissed, without costs.

The underlying action is for personal injury, based upon premises liability. The trial court granted plaintiff’s posttrial motion pursuant to CPLR 4404 (a) to set aside the jury’s verdict that defendant (the City) was negligent, but that its negligence was not the proximate cause of plaintiff’s injuries. In a prior appeal, this Court reversed the trial court’s order setting…