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DWIGHT v. NEW YORK CITY TRANSIT AUTHORITY

30 A.D.3d 270 (2006)

817 N.Y.S.2d 266

GEORGE DWIGHT et al., Appellants, v. NEW YORK CITY TRANSIT AUTHORITY, Respondent.

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

June 20, 2006.

The jury verdict finding that defendant Transit Authority had been negligent, but that its negligence was not a substantial factor in causing plaintiff's injury, was not inconsistent or against the weight of the evidence. Contrary to plaintiff's argument, the finding of negligence against defendant did not entail a finding that such negligence was a proximate cause of plaintiff's harm, and the evidence, fairly interpreted, permitted...

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