[*1]
Billingsley v Plaza Constr. Co.
2004 NY Slip Op 50708(U)
Decided on June 25, 2004
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This opinion is uncorrected and will not be published in the printed Official Reports.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 June 25, 2004
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT:
HON. WILLIAM P. McCOOE, J.P.
HON. WILLIAM J. DAVIS
HON. PHYLLIS GANGEL-JACOB, Justices.
570948/03

NATHANIEL BILLINGSLEY, Plaintiff-Appellant,

against

PLAZA CONSTRUCTION COMPANY, Defendant-Respondent.


Plaintiff appeals from a judgment of the Civil Court, New York County, entered on or about October 20, 2003 after a jury trial (Anil Singh, J.) upon a verdict in favor of defendant dismissing the complaint.


PER CURIAM:

Judgment entered on or about October 20, 2003 (Anil Singh, J.) affirmed, without costs.

The court properly denied plaintiff's motion to set aside the verdict. The jury could have reasonably concluded that defendant had no supervisory control over the operation of the crane and was not otherwise negligent in its maintenance of the construction site at the time of the accident (see Camillo v Olympia & York Props. Co., 157 AD2d 34, 44 [1990]), and the verdict was based upon a fair interpretation of the evidence. We have considered and rejected plaintiff's remaining arguments.

This constitutes the decision and order of the court.