OBEY v. CITY OF NEW YORK

NO. 85SSM4

29 N.Y.3d 958 (2017)

73 N.E.3d 850

51 N.Y.S.3d 493

2017 NY Slip Op 02590

ROBERT OBEY, Appellant, v. CITY OF NEW YORK, Defendant, and NEW YORK CITY TRANSIT AUTHORITY, Respondent.

Court of Appeals of New York.

Decided April 4, 2017.


Attorney(s) appearing for the Case

Pollack, Pollack, Isaac & DeCicco, LLP, New York City ( Brian J. Isaac of counsel), for appellant.

Lawrence Heisler , Brooklyn, for respondent.

Concur: Chief Judge DiFIORE and Judges RIVERA, ABDUS-SALAAM, STEIN, FAHEY and WILSON concur. Judge GARCIA dissents and votes to affirm, in an opinion.


OPINION OF THE COURT

MEMORANDUM.

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order reversed, with costs, and case remitted to the Appellate Division, First Department, for consideration of issues raised but not determined on the appeal to that Court. Legally sufficient evidence supported the jury's finding that defendant New York City Transit Authority was negligent and that its negligence was...

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