PARISE v. NEW YORK CITY TRANSIT AUTHORITY

2010-10149.

94 A.D.3d 839 (2012)

941 N.Y.S.2d 868

2012 NY Slip Op 2654

MICHAEL D. PARISE, Respondent, v. NEW YORK CITY TRANSIT AUTHORITY, Appellant.

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

Decided April 10, 2012.


Ordered that the judgment is reversed, on the law, with costs, the defendant's motion pursuant to CPLR 4404 (a) to set aside the jury verdict and for judgment as a matter of law is granted, and the complaint is dismissed.

Viewing the evidence in the light most favorable to the plaintiffs, no rational jury could have found that the plaintiff sustained a serious injury under the "90/180-day" category of Insurance Law § 5102 (d) (see Lanzarone v Goldman,...

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