CABRERA v. NEW YORK CITY TR. AUTH.

9056, 306043/13.

171 A.D.3d 594 (2019)

99 N.Y.S.3d 9

2019 NY Slip Op 02991

Jose Cabrera, Respondent, v. New York City Transit Authority et al., Appellants, et al., Defendants.

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

Decided April 23, 2019.


The court properly denied the motion by defendants to set aside the verdict. The jury found that defendants' negligence was a cause of plaintiff's injuries and that defendants were 30% at fault, and these findings were not "utterly irrational" (Campbell v City of Elmira, 84 N.Y.2d 505, 510 [1994] [internal quotation marks and emphasis omitted]). There is no basis for disturbing the jury's credibility determinations (see KBL, LLP...

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