RUBIO v. NEW YORK CITY TR. AUTH.

8268, 100785/04.

99 A.D.3d 532 (2012)

952 N.Y.S.2d 512

2012 NY Slip Op 6848

JOSEPH RUBIO, Respondent, v. NEW YORK CITY TRANSIT AUTHORITY, Appellant.

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

October 11, 2012.


The court did not improvidently exercise its discretion in allowing plaintiff's expert to testify on the proper use of a bus' kneeling mechanism based upon, inter alia, his 35 years of experience in the transportation industry and familiarity with kneeling mechanisms (see Melo v Morm Mgt. Co., 93 A.D.3d 499 [1st Dept 2012]). Defendant's objections to the expert's qualifications go to the weight and not the admissibility of his testimony...

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