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BETANCES v. METROPOLITAN SUBURBAN BUS AUTHORITY

2 A.D.3d 380 (2003)

767 N.Y.S.2d 790

NIEVE BETANCES, Respondent, v. METROPOLITAN SUBURBAN BUS AUTHORITY et al., Appellants. (Action No. 1.) WILDER MANRIQUE, Respondent, v. METROPOLITAN SUBURBAN BUS AUTHORITY et al., Appellants. (Action No. 2.)

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

December 1, 2003.

Ordered that the order is affirmed, without costs or disbursements.

The Supreme Court properly set aside the jury verdict. Under the circumstances of this case, the subject accident was not unavoidable, and at least one of the defendants was negligent. Accordingly, the jury's verdict in favor of the defendants in both actions was against the weight of the evidence (see Montero v Henriquez, 133 A.D.2d 677

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