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DiGENNARO v. NEW YORK CITY TRANSIT AUTHORITY

15276 112249/07

129 A.D.3d 408 (2015)

8 N.Y.S.3d 909

2015 NY Slip Op 04584

MICHAEL C. DiGENNARO, Appellant, v. NEW YORK CITY TRANSIT AUTHORITY (MTA), Respondent, et al., Defendant.

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

Decided June 2, 2015.

Judgment, Supreme Court, New York County (Debra A. James, J.), entered July 30, 2014, after a jury trial, in favor of defendant New York City Transit Authority, unanimously affirmed, without costs.

There is no basis for setting aside the jury's verdict. Regardless of whether it was error to charge the emergency doctrine as part of negligence, plaintiff failed to adequately preserve its objection (Goldberg v Wirtosko, 182 A.D.2d 350

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