Livingston v. New York City Tr. Auth.

2018 NY Slip Op 261

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: January 16, 2018
• Docket: 5461 103084/10
• Status: Published

Opinion

Livingston v New York City Tr. Auth. (2018 NY Slip Op 00261)

Livingston v New York City Tr. Auth.

2018 NY Slip Op 00261

Decided on January 16, 2018

Appellate Division, First Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on January 16, 2018
Friedman, J.P., Mazzarelli, Kapnick, Webber, Moulton, JJ.

5461 103084/10

[*1]Lydia Livingston, Plaintiff-Appellant,

v

New York City Transit Authority, et al., Defendants-Respondents.

The Law Office of Judah Z. Cohen, PLLC, Woodmere (Judah Z. Cohen of counsel), for appellant.

Lawrence Heisler, Brooklyn (Timothy J. O'Shaughnessy of counsel), for respondents.

Judgment, Supreme Court, New York County (Robert R. Reed, J.), entered July 25, 2016, upon a jury verdict, dismissing the complaint, unanimously affirmed, without costs.

The record demonstrates that the complained of comments by the trial court, and its decision not to provide a missing document charge, were not prejudicial or in error. In any event, any such perceived error would be harmless in light of the evidence adduced at trial supporting the verdict (see e.g. Siagha

v Salant-Jerome, Inc. , 271 AD2d 274 [1st Dept 2000], lv denied 96 NY2d 714 [2001]).

THIS CONSTITUTES THE DECISION AND ORDER

OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: JANUARY 16, 2018

CLERK