Defendant appeals from a judgment of the Civil Court of the City of New York, Bronx County (Julia I. Rodriguez, J.), entered June 11, 2008, upon a jury verdict, in favor of plaintiff and awarding her damages in the aggregate amount of $314,000, and bringing up for review a post-trial order (same court and Judge), entered April 10, 2008, which denied defendant's motion to set aside the jury verdict.

Per Curiam.

Judgment, entered June 11, 2008, and order entered April 10, 2008 (Julia I. Rodriguez, J.), affirmed, with one bill of $25 costs.

Defendant failed to demonstrate that the jury could not have reached its verdict on any fair interpretation of the evidence (see Nicastro v Park, 113 AD2d 129 [1985]). Given the undisputed trial testimony of plaintiff and her nonparty witness as to the "daily" accumulation of refuse and debris in the stairwell, notwithstanding complaints made to the building's superintendent several times a week, the jury was warranted in finding that plaintiff's fall was caused by an ongoing and recurring dangerous condition that was routinely left unaddressed and unremedied by defendant (see Bido v 876-882 Realty, LLC., 41 AD3d 311 [2007]; Irizarry v 15 Mosholu Four, LLC., 24 AD3d 373 [2005]). Notably, defendant failed to dispute that it had knowledge of the daily accumulation of garbage and debris in the stairwell or demonstrate that measures were taken to avoid the creation of a dangerous condition (compare DeJesus v New York City Hous. Auth., 53 AD3d 410 [2008], affd 11 NY3d 889 [2008]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: June 30, 2009