Opinion

Brown v. New York City Transit Authority

  • 50 A.D.3d 377
  • 858 N.Y.S.2d 4
Court
Appellate Division of the Supreme Court of the State of New York
Filed
Apr 10, 2008
Status
Published
Cited by
2 cases
Authority
More cited than 56.6%

The opinion

Judgment, Supreme *378 Court, New York County (Faviola Soto, J.), entered October 13, 2006, after a jury trial, in defendant’s favor, unanimously affirmed, without costs.

Plaintiffs argument that the verdict was irreconcilably inconsistent is unpreserved, since this issue was not raised prior to discharge of the jury (see Martinez v New York City Tr. Auth., 41 AD3d 174 [2007]). Moreover, this matter does not present a situation where the questions of negligence and proximate cause are inextricably interwoven (see Dwight v New York City Tr. Auth., 30 AD3d 270 [2006], lv denied 7 NY3d 711 [2006]). The jury’s determination that defendant’s negligence was not a substantial factor in causing plaintiffs injury was not inconsistent or against the weight of the evidence (see id.). Finally, the trial court properly rejected plaintiffs attempt to impeach the jury’s verdict by the posttrial submission of affidavits from two of its members (see Sharrow v Dick Corp., 86 NY2d 54, 60-61 [1995]). Concur—Mazzarelli, J.E, Andrias, Gonzalez and Acosta, JJ.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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