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PHILLIPPS v. NEW YORK CITY TRANSIT AUTHORITY

4769, 111645/07.

83 A.D.3d 473 (2011)

922 N.Y.S.2d 286

GERALD PHILLIPPS, Respondent, v. NEW YORK CITY TRANSIT AUTHORITY et al., Appellants.

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

Decided April 12, 2011.

The verdict was not contrary to the weight of the evidence adduced at trial (see Cohen v Hallmark Cards, 45 N.Y.2d 493 [1978]). In light of the unrefuted testimony of plaintiff's medical expert that a medical record entry, reflecting plaintiff's statement to hospital personnel that his injuries occurred when he fell on his back due to a sudden, violent movement of a bus he was exiting, was relevant to diagnosis and treatment, it...

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