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CRUZ v. RICHARDSON

Index No. 110572/11. Appeal No. 13150. Case No. 2019-04298.

191 A.D.3d 521 (2021)

142 N.Y.S.3d 159

2021 NY Slip Op 00990

Hector Manuel Cruz, Appellant, v. Phillip Richardson et al., Respondents, et al., Defendant.

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

Decided February 16, 2021.

Attorney(s) appearing for the Case

William Schwitzer & Associates, P.C., New York ( Howard R. Cohen of counsel), for appellant.

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

Concur—Manzanet-Daniels, J.P., Webber, Oing, Kennedy, JJ.

The jury's finding that NYCTA bus driver defendant Richardson was not negligent in striking the van in which plaintiff was riding was based upon a fair interpretation of the evidence (see McDermott v Coffee Beanery, Ltd., 9 A.D.3d 195, 206 [1st Dept 2004]). The jury clearly resolved issues of credibility in Richardson's favor and credited the eyewitness testimony that the bus had stopped at the stop sign before the van, and was already...

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