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HAIRSTON v. METRO-NORTH COMMUTER RAILROAD

34 A.D.3d 233 (2006)

823 N.Y.S.2d 391

ROBIN HAIRSTON, Appellant-Respondent, v. METRO-NORTH COMMUTER RAILROAD, Respondent-Appellant. ROBIN HAIRSTON, Respondent, v. METRO-NORTH COMMUTER RAILROAD, Appellant.

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

Decided November 2, 2006.

The jury's 50% apportionment against plaintiff is supported by a fair interpretation of evidence that turned largely on plaintiff's credibility and showed that she failed to exercise reasonable care in climbing down the stepladder from which she fell (see Lewis v Port Auth. of N.Y. & N.J., 8 A.D.3d 205, 206 [2004]). The trial court lacked authority to sua sponte reconsider plaintiff's motion to set aside the verdict once the...

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