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BERTELLE v. NEW YORK CITY TRANSIT AUTHORITY

19 A.D.3d 343 (2005)

796 N.Y.S.2d 415

JOHN BERTELLE et al., Appellants, v. NEW YORK CITY TRANSIT AUTHORITY, Respondent, and GENERAL RAILWAY SIGNAL CORPORATION et al., Defendants and Third-Party Plaintiffs-Respondents. L.K. COMSTOCK & COMPANY, INC., Third-Party Defendant.

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

June 6, 2005.

Ordered that the appeal by the plaintiff Debra Bertelle is dismissed on the ground that she is not aggrieved by the judgment appealed from (see CPLR 5511); and it is further,

Ordered that the judgment is affirmed; and it is further,

Ordered that one bill of costs is awarded to the respondents.

A jury verdict should not be set aside as against the weight of the evidence unless the evidence so preponderates in favor of the moving party that the...

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