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SERMONETA v. NEW YORK CITY TRANSIT AUTHORITY

4270. 111617/11.

151 A.D.3d 565 (2017)

2017 NY Slip Op 04900

58 N.Y.S.3d 19

SUSAN SERMONETA, Respondent, v. NEW YORK CITY TRANSIT AUTHORITY, Appellant.

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

Decided June 15, 2017.

Plaintiff sustained injuries when nonparty David Cloud slipped on slime oozing from a trash can on a subway platform and fell, knocking plaintiff over. The jury could fairly and rationally have concluded that Cloud was not negligent based on the evidence presented at trial, including Cloud's testimony that he was not in a rush and that he had never seen slime in that location before (see Lolik v Big V Supermarkets, 86 N.Y.2d 744...

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