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OATES v. NEW YORK CITY TRANSIT AUTHORITY

No. 223 SSM 34.

28 N.Y.3d 1046 (2016)

65 N.E.3d 1280

43 N.Y.S.3d 245

2016 NY Slip Op 07707

MIRIAM LEVY OATES, as Administratrix of the Estate of RACHEL LEVY, Deceased, et al., Respondents, v. NEW YORK CITY TRANSIT AUTHORITY, Appellant, et al., Defendants.

Court of Appeals of New York.

Decided November 17, 2016.

Attorney(s) appearing for the Case

Lawrence Heisler , MTA New York City Transit, Brooklyn, for appellant.

Law Offices of Rosemarie Arnold, New York City ( Paige R. Butler of counsel), for respondents.

OPINION OF THE COURT

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed, with costs. The Appellate Division correctly determined that legally sufficient evidence supported the jury's findings of negligence and entitlement to damages for decedent's conscious pain and suffering.

Concur: Chief Judge DiFIORE and Judges PIGOTT, RIVERA, ABDUS-SALAAM, STEIN, FAHEY...

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