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KIM v. NEW YORK CITY TRANSIT AUTHORITY

270 A.D.2d 309 (2000)

705 N.Y.S.2d 240

IN SAN KIM, Appellant, v. NEW YORK CITY TRANSIT AUTHORITY et al., Respondents.

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

Decided March 13, 2000.

Ordered that the judgment is affirmed insofar as appealed from, with costs.

The jury was free to accept the testimony of the defendants' witnesses, and reject that of the plaintiff's witnesses (see, Ventriglio v Active Airport Serv., 234 A.D.2d 451, 453). Moreover, the award did not deviate materially from what would be considered reasonable compensation under the circumstances

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