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MONTES v. NYC TR. AUTH.

46 A.D.3d 121 (2007)

843 N.Y.S.2d 622

MIGUEL J. MONTES, Appellant, v. NEW YORK CITY TRANSIT AUTHORITY et al., Respondents.

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

October 23, 2007.

Attorney(s) appearing for the Case

Pollack, Pollack, Isaac & De Cicco, New York City (Brian J. Isaac, Alan M. Shapey, Glenn P. Dolan and Kenneth J. Gorman of counsel), for appellant.

Wallace D. Gossett, Brooklyn (Lawrence Heisler of counsel), for respondents.

MARLOW and GONZALEZ, JJ., concur with KAVANAGH, J.; MAZZARELLI, J.P., and CATTERSON, J., concur in a separate opinion by CATTERSON, J.

OPINION OF THE COURT

KAVANAGH, J.

The infant plaintiff Miguel Montes, who was 11 years old at the time of the accident, was crossing the street when he was struck by a New York City Transit Authority bus. After trial, the jury found that defendants were not negligent.

The verdict is supported by a fair interpretation of the evidence (see Nicastro v Park, 113 A.D.2d 129, 133-135 [1985]; McDermott v Coffee...

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