Torts · MBE-tested

James Sichler et al., Appellants, v. City of New York, Respondent

266 A.D.2d 129698 N.Y.S.2d 484·New York Supreme Court, Appellate Division·1999·NY

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Opinion

(November 30, 1999) James Sichler et al., Appellants, v City of New York, Respondent. [698 NYS2d 484] [MAJORITY] —Judgment, Supreme Court, New York County (Salvador Collazo, J.), entered March 28, 1997, after a jury trial, in defendant’s favor, unanimously affirmed, without costs. The evidence provided ample basis for the jury to conclude that defendant did not breach a statutory duty and was not otherwise liable for plaintiffs’ injury. Any error in charging the jury on comparative negligence in this action, brought pursuant to General Municipal Law § 205-e, was harmless (see, CPLR 2002), since the jury never reached the issue of comparative negligence. Concur — Ellerin, P. J., Williams, Lerner, Rubin and Saxe, JJ.