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CINTRON v. NEW YORK CITY TRANSIT AUTHORITY

22 A.D.3d 248 (2005)

803 N.Y.S.2d 9

JESSE CINTRON, JR., an Infant, by His Father and Natural Guardian, JESSE CINTRON, SR., et al., Appellants, v. NEW YORK CITY TRANSIT AUTHORITY, Respondent.

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

October 6, 2005.

The jury's verdict on liability cannot be said to be irrational as a matter of law (see Cohen v Hallmark Cards, 45 N.Y.2d 493, 499 [1978]), in light of evidence that the operator could have seen plaintiff in time to stop the train. Nor can it be said to be against the weight of the evidence (Lewis v Progressive Agency, 6 A.D.3d 293 [2004]; Jamal v New York City Health & Hosps. Corp...

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