NESBIT v. TRANSIT AUTH.


170 A.D.2d 92 (1991)

Sinthonia Nesbit, as Administratrix of The Estate of James Nesbit, Deceased, Appellant, v. New York City Transit Authority, Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

August 22, 1991


Attorney(s) appearing for the Case

Elliot H. Fuld of counsel (Norman J. Mordkofsky with him on the brief; Goldstein, Weinstein & Fuld, attorneys), for appellant.

Thomas Michael Laquercia of counsel (Patrick A. Lyons and Bryan M. Rothenberg with him on the brief; Smith & Laquercia, attorneys), for respondent.

MURPHY, P. J., CARRO and KUPFERMAN, JJ., concur with ASCH, J.; WALLACH, J., concurs in a separate opinion.


ASCH, J.

This is a case which as been tried twice. A verdict for the defendant in the first trial was vacated by the Trial Justice (affd 130 A.D.2d 986). The second trial resulted in a jury verdict in favor of the plaintiff but that Trial Justice set aside the plaintiff's verdict and directed judgment for the defendant. It is unfortunate that the parties have been subjected to the trauma and expense of...

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