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LEVY v. NEW YORK CITY TRANSIT AUTHORITY

287 A.D.2d 363 (2001)

731 N.Y.S.2d 442

DAVID LEVY et al., Appellants, v. NEW YORK CITY TRANSIT AUTHORITY, Respondent.

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

Decided October 23, 2001.

The jury's findings that plaintiff advised the police officers that he was being followed and that the officers then assured him of his safety do not compel a finding, concededly necessary to plaintiff's cause of action, that the officers knew that inaction on their part could result in harm to plaintiff. The finding of no such knowledge is not against the weight of the evidence (see, Ohdan v City of New York,

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