YNOA v. NEW YORK CITY TRANSIT AUTHORITY

6967, 25261/04.

93 A.D.3d 406 (2012)

941 N.Y.S.2d 35

2012 NY Slip Op 1551

PATRICIA YNOA, Appellant, v. NEW YORK CITY TRANSIT AUTHORITY, Respondent.

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

Decided March 1, 2012.


The IAS court erred in granting the motion to set aside the verdict on the ground that there was insufficient evidence to support a finding for plaintiff on the issue of constructive notice. The court did not charge constructive notice, and defendant did not object to that aspect of the charge. It is well settled that the court may not overturn a verdict on an issue not in the charge and not requested by either party (Kroupova v Hill, 242 A.D.2d 218...

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