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PUBLIC ADMINISTRATOR OF BRONX COUNTY v. NEW YORK CITY TRANSIT AUTHORITY

350108/10. 5296. 5295.

156 A.D.3d 546 (2017)

67 N.Y.S.3d 608

2017 NY Slip Op 08896

PUBLIC ADMINISTRATOR OF BRONX COUNTY, Appellant, v. NEW YORK CITY TRANSIT AUTHORITY et al., Respondents, et al., Defendants.

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

Decided December 21, 2017.

A directed verdict was not warranted. An eyewitness's testimony that decedent was in the roadway attempting to stand after being hit by codefendant Arthur Gomez's car and before being hit by the Transit defendants' bus, could allow a rational jury to find that Roman, the bus driver, was negligent in failing to see decedent (see Herrera v New York City Tr. Auth., 269 A.D.2d 212, 213 [1st Dept 2000]; see generally Szczerbiak v Pilat...

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