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DEES v. MTA N.Y. CITY TRANSIT

10666. 112752/08.

178 A.D.3d 633 (2019)

2019 NY Slip Op 09387

Doris Dees, as Administrator of the Estate of William Tate-Mitros, Deceased, Respondent, v. MTA New York City Transit, Also Known as New York City Transit Authority, et al., Appellants.

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

Decided December 26, 2019.

Attorney(s) appearing for the Case

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

Alexander J. Wulwick , New York, and Theodore Friedman, P.C., New York ( Theodore Friedman of counsel), for respondent.

Concur—Friedman, J.P., Webber, Kern, Moulton, JJ.

Based on the evidence presented at trial, the jury's finding that, due to negligence, a rear tire of an articulated bus ran over decedent's right foot when the bus mounted the sidewalk as it was pulling into a bus stop was rational (see Cohen v Hallmark Cards, 45 N.Y.2d 493, 498-499 [1978]). The jury could reasonably have credited the expert testimony of Nicholas Bellizzi, a forensic engineer who opined, based on a review of the...

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