DAVISON v. NEW YORK CITY TRANSIT AUTHORITY


63 A.D.3d 871 (2009)

881 N.Y.S.2d 892

CLYDE DAVISON, Appellant, v. NEW YORK CITY TRANSIT AUTHORITY, Respondent.

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

Decided June 16, 2009.


Ordered that the judgment is reversed, on the law and the facts, with costs, the defendant's motion to set aside the verdict is denied, the jury verdict on the issue of liability is reinstated, and the matter is remitted to the Supreme Court, Kings County, for a trial on the issues of damages.

The Supreme Court improperly awarded the defendant judgment as a matter of law, and improperly set aside the jury verdict as contrary to the weight of the evidence. A jury verdict...

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