Gamiel v Harbutt

[*1] Gamiel v Harbutt 2007 NY Slip Op 50434(U) [14 Misc 3d 146(A)] Decided on March 7, 2007 Appellate Term, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on March 7, 2007
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: McKEON, P.J., McCOOE, KLEIN HEITLER, JJ
570466/06.

Ruchama Gamiel, Plaintiff-Appellant,

against

Charles Harbutt, Joan Lifton, Estate of Paul Gottlieb, Elizabeth Gottlieb and One Fifth Avenue Apartment Corp., Defendants-Respondents.

Plaintiff appeals from an order of the Civil Court of the City of New York, New York County (Jeffrey K. Oing, J.), entered June 1, 2006, after a nonjury trial, which granted defendants' motions for a directed verdict dismissing the complaint at the close of plaintiff's case.

PER CURIAM:

Appeal from order (Jeffrey K. Oing, J.), entered June 1, 2006, deemed an appeal from then ensuing judgment (same court and Judge), entered October 4, 2006, and so considered, judgment affirmed, without costs.

Even affording plaintiff "every favorable inference which could reasonably be drawn from the evidence" adduced at trial (Rhabb v New York City Hous. Auth., 41 NY2d 200, 202 [1976]), we agree that plaintiff failed to establish any actionable negligence on defendants part or that any such negligence caused the 1991 water leaks giving rise to this action.

This constitutes the decision and order of the court.
Decision Date: March 7, 2007