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WELLINGTON v. NEW YORK CITY TRANSIT AUTHORITY

3907, 22827/05.

79 A.D.3d 547 (2010)

913 N.Y.S.2d 199

IRIS WELLINGTON, Appellant, v. NEW YORK CITY TRANSIT AUTHORITY et al., Respondents, et al., Defendant.

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

Decided December 16, 2010.

The court correctly found that, based on the photographic evidence, the jury's apportionment of liability could not have been reached upon any fair interpretation of the evidence (see Lolik v Big V Supermarkets, 86 N.Y.2d 744, 746 [1995]; McDermott v Coffee Beanery, Ltd., 9 A.D.3d 195, 205-207 [2004]). The photographs, which show...

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