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BLECHMAN v. NEW YORK CITY TRANSIT AUTHORITY

16369, 109263/08.

134 A.D.3d 487 (2015)

21 N.Y.S.3d 233

2015 NY Slip Op 09173

PAMELA BLECHMAN, Respondent, v. NEW YORK CITY TRANSIT AUTHORITY, Appellant.

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

Decided December 10, 2015.

Defendant's argument that the jury's finding that plaintiff was negligent but that her negligence was not a proximate cause of her injury was inconsistent was not raised before the jury was discharged, and therefore is unpreserved (see Barry v Manglass, 55 N.Y.2d 803, 806 [1981]). In any event, the issues were not so inextricably interwoven as to make it logically impossible to find negligence but not proximate cause (see...

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