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LERNER v. NEW YORK CITY TRANSIT AUTHORITY

4691, 107347/07.

83 A.D.3d 421 (2011)

922 N.Y.S.2d 6

BARBARA LERNER, Respondent, v. NEW YORK CITY TRANSIT AUTHORITY, Appellant.

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

Decided April 5, 2011.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence (see generally McDermott v Coffee Beanery, Ltd., 9 A.D.3d 195, 206 [2004]). Plaintiff's testimony demonstrated where she fell on the broken tile and was corroborated by the testimony of the police officer who responded to the scene and easily found the broken tile plaintiff identified. Moreover, the testimony of an eyewitness to plaintiff...

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