Turk v. Bronson — 189 A.D.2d 715

Majority

p. 715

Lawrence M. Turk, Respondent, v Emerick R. Bronson, as Executor of Arden Bronson, Also Known as Agnes Catlin, Deceased, Appellant.

Judgment, Supreme Court, New York County (Beverly Cohen, J.), entered June 14, 1991, which, after a jury trial, awarded plaintiff a total of $101,611.23, unanimously affirmed, with costs.

In this action brought to recover for personal injuries, the court properly declined to direct a verdict for defendant, since there was a rational basis for the jury to find for the plaintiff (see, Bernstein v Berman, 39 AD2d 525 ). The record contains satisfactory evidence of a covenant by the landlord to repair the premises and of reasonable constructive notice of the defect (see, Hernandez v Neubert Realty Corp., 169 AD2d 645 , 646).

We have considered the remaining arguments, and find them to be without merit. Concur—Sullivan, J. P., Rosenberger, Wallach and Asch, JJ.

Cases cited

Bernstein v. Berman 39 AD2d 525 N.Y. App. Div. 1972-04-11 p. 715