Ramirez v BRI Realty
2003 NY Slip Op 19893 [2 AD3d 369]
December 30, 2003
Appellate Division, First Department
As corrected through
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, February 25, 2004


Cesar Ramirez, Respondent,
v
BRI Realty, Inc., Appellant.

Order, Supreme Court, Bronx County (Stanley Green, J.), entered October 10, 2002, which, inter alia, denied defendant's motion for a directed verdict, unanimously affirmed, without costs.

The trial evidence, viewed in the light most favorable to plaintiff, was sufficient to permit the jury to rationally conclude, as it evidently did, that defendant, by failing to adequately salt and sand the path it had cleared along the sidewalk the day preceding plaintiff's accident, created or increased the ice hazard that caused plaintiff's harm (see Figueroa v Lazarus Burman Assoc., 269 AD2d 215 [2000]; Glick v City of New York, 139 AD2d 402 [1988]; and see Genen v Metro-North Commuter R.R., 261 AD2d 211 [1999]). Concur—Tom, J.P., Mazzarelli, Ellerin, Lerner and Marlow, JJ.