← Cases

Castillo v. New York City Housing Authority

266 A.D.2d 55 Court N.Y. App. Div. Decision date 1999-11-16 English

Contents

Majority

p. 55
Adan Castillo, an Infant, by His Mother and Natural Guardian, Eva Figueroa, et al., Respondents, v New York City Housing Authority, Appellant.
[698 NYS2d 460]

—Judgment, Supreme Court, Bronx County (Joseph Giamboi, J.), entered May 14, 1998, which, upon a jury verdict, awarded plaintiff a total of $787,126.17, unanimously affirmed, without costs.

The trial court correctly instructed the jury as to notice, and we decline defendant’s invitation to revisit our holding to that effect in Woolfalk v New York City Hous. Auth. ( 263 AD2d 355 , 356). The balance of defendant’s arguments are based on nothing more than its own “self-serving view of the evidence,” and, as such, afford “no reason to disturb” the appealed determination (Daley v Related Cos., 236 AD2d 340 , lv denied 90 NY2d 803 ). The verdict was properly premised on the jury’s evaluation of the duly admitted trial evidence (see, e.g., Young v City of New York, 250 AD2d 383 ), including its evaluation of the conflicting expert testimony (see, e.g., Koffler v Biller, 262 AD2d 150 ). We have considered defendant’s remaining arguments and find them unavailing. Concur — Ellerin, P. J., Rosenberger, Nardelli and Andrias, JJ.

Cases cited