Rivera v. New York City Transit Authority

Appellate Division of the Supreme Court of New York

Rivera v. New York City Transit Authority

201 A.D.2d 378, 607 N.Y.S.2d 343

CourtAppellate Division of the Supreme Court of the State of New York

DecidedFebruary 17, 1994

StatusPublished

Cited by2 cases

This text of 201 A.D.2d 378 (Rivera v. New York City Transit Authority) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Rivera v. New York City Transit Authority, 201 A.D.2d 378, 607 N.Y.S.2d 343 (N.Y. Ct. App. 1994).

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Opinion

Judgment, Supreme Court, New York County (Stuart Cohen, J.), entered August 11, 1992, which, after a jury verdict and denial of defendant’s motion, inter alia, to set aside the verdict as against the weight of the evidence, awarded judgment in favor of plaintiff and against defendant in the total amount of $405,165.18, unanimously affirmed, without costs.

In light of the substantial evidence which demonstrates that plaintiff slipped and fell on a crack in the stairs and sustained significant injuries, the jury’s verdict was rational (see, Cohen v Hallmark Cards, 45 NY2d 493). Moreover, in light of, inter alia, the evidence of the resultant condition of plaintiff’s arthritis, the award does not materially deviate from what would be reasonable compensation under the circumstances (CPLR 5501 [c]). Concur — Rosenberger, J. P., Ellerin, Kupferman and Nardelli, JJ.

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Judgment, Supreme Court, New York County (Stuart Cohen, J.), entered August 11, 1992, which, after a jury verdict and denial of defendant’s motion, inter alia, to set aside the verdict as against the weight of the evidence, awarded judgment in favor of plaintiff and against defendant in the total amount of $405,165.18, unanimously affirmed, without costs.

In light of the substantial evidence which demonstrates that plaintiff slipped and fell on a crack in the stairs and sustained significant injuries, the jury’s verdict was rational (see, Cohen v Hallmark Cards, 45 NY2d 493). Moreover, in light of, inter alia, the evidence of the resultant condition of plaintiff’s arthritis, the award does not materially deviate from what would be reasonable compensation under the circumstances (CPLR 5501 [c]). Concur — Rosenberger, J. P., Ellerin, Kupferman and Nardelli, JJ.

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Bluebook (online)

201 A.D.2d 378, 607 N.Y.S.2d 343, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rivera-v-new-york-city-transit-authority-nyappdiv-1994.

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