| Jorgensen v New York Found. for Senior Citizen Guardian Servs., Inc. |
| 2009 NY Slip Op 03446 [61 AD3d 612] |
| April 30, 2009 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Christopher Jorgensen, Appellant, v New York Foundation for Senior Citizen Guardian Services, Inc., et al., Respondents. |
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O'Connor, O'Connor, Hintz & Deveney, LLP, Melville (Dawn C. Faillace-Dillon of
counsel), for respondents.
Judgment, Supreme Court, Bronx County (Stanley Green, J.), entered October 27, 2008, upon a jury verdict in defendants' favor, unanimously affirmed, without costs.
In reaching its verdict that defendant James was not negligent, the jury could fairly have concluded that James could not have foreseen that an object hidden from view would fall and cause plaintiff's injury (see White v New York City Tr. Auth., 40 AD3d 297, 297 [2007]).
The court's jury charge did not impermissibly narrow the scope of foreseeability but properly "incorporate[d] the factual contentions of the parties in respect of the legal principles charged" (Green v Downs, 27 NY2d 205, 208 [1970]). Concur—Gonzalez, P.J., Tom, Sweeny, Buckley and Acosta, JJ.