BRANDWEIN v. NEW YORK CITY TRANSIT AUTHORITY


14 A.D.3d 396 (2005)

788 N.Y.S.2d 352

LORI BRANDWEIN, Appellant, v. NEW YORK CITY TRANSIT AUTHORITY, Respondent.

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

January 18, 2005.


A fair interpretation of the conflicting expert testimony supports a finding that plaintiff's subsequent injuries and permanent disability were caused not by weakness in her ankle that remained after the treatment for her initial fall in the subway station, for which defendant was held partly liable, but by a congenital degenerative disease known as Charcot-Marie-Tooth Syndrome (see Kamin v City of New York,

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