WILLIAM BOMMER, APPELLANT, JANBEY BOMMER, PLAINTIFF, v. COUNTY OF ERIE, RESPONDENT.

80 N.Y.2d 816, 600 N.E.2d 213, 587 N.Y.S.2d 582 (1992).
June 11, 1992

4 No. 218 SSM 20
Decided June 11, 1992
This memorandum is uncorrected and subject to revision before publication in the New York Reports.

Submitted by Samuel J. Capizzi, for Appellant.
Submitted by Charles L. Sawyer, for Respondent.

MEMORANDUM:

The orders of the Appellate Division should be affirmed with costs.

At trial, plaintiff offered no proof that Erie County's failure to install the sign in concrete caused the sign to fall or proximately caused his injuries. Viewing the proof adduced at trial in a light most favorable to the plaintiff and giving the plaintiff the benefit of every favorable inference, we conclude that no valid line of reasoning and permissible inferences could possibly lead rational jurors to conclude that Erie County's failure to install the sign in concrete caused plaintiff's injuries (see Cohen v Hallmark Cards, Inc., 45 NY2d 493, 499). Accordingly, the Appellate Division correctly granted defendant's motion to set aside the jury verdict.

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On review of submissions pursuant to section 500.4 of the Rules, orders affirmed, with costs, in a memorandum. Chief Judge Wachtler and Judges Simons, Kaye, Titone, Hancock and Bellacosa concur.