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EVANS v. NYC TR. AUTH.

2017-07925. Index No. 15934/10.

179 A.D.3d 105 (2019)

113 N.Y.S.3d 127

2019 NY Slip Op 07872

LILA EVANS, Appellant, v. NEW YORK CITY TRANSIT AUTHORITY et al., Respondents, et al., Defendants.

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

Decided November 6, 2019.

Attorney(s) appearing for the Case

Dell & Dean, PLLC (Mischel & Horn, P.C., New York City [ Scott T. Horn and Lauren E. Bryant , of counsel), for appellant.

Lawrence Heisler , Brooklyn ( Timothy J. O'Shaughnessy of counsel), for respondents.

LEVENTHAL, J.P., BARROS and IANNACCI, JJ., concur.

OPINION OF THE COURT

For the reasons that follow, we hold that an appellant need not preserve a contention that a jury verdict was contrary to the weight of the evidence by making a postverdict motion for a new trial. Further, we find that the jury verdict in this case was contrary to the weight of the evidence, entitling...

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