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ADIKA v. NEW YORK CITY TR. AUTH.

Index No. 156526/12. Appeal No. 14250, 14250A. Case No. 2020-04332.

197 A.D.3d 1061 (2021)

154 N.Y.S.3d 53

2021 NY Slip Op 05161

Stephanie Adika, Appellant, v. New York City Transit Authority et al., Respondents.

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

Decided September 30, 2021.

Attorney(s) appearing for the Case

Sullivan Papain Block McGrath Coffinas & Cannavo, P.C., New York ( Christopher J. DelliCarpini of counsel), for appellant.

Anna J. Ervolina , New York City Transit Authority, Brooklyn ( Timothy J. O'Shaughnessy of counsel), for respondents.

Concur—Manzanet-Daniels, J.P., Kern, Oing, Rodriguez, Higgitt, JJ.

The court properly denied plaintiff's motion to set aside the verdict and for a new trial. Contrary to plaintiff's contention that the verdict was against the weight of the evidence, the jury's finding was based on a fair interpretation of the evidence presented at trial (see Lolik v Big V Supermarkets, 86 N.Y.2d 744, 746 [1995]). The evidence indicated that plaintiff gave varying accounts of what caused her to fall, and there was...

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