BAKAIN v. CITY OF NEW YORK

Index No. 450033/17. Appeal No. 14543. Case No. 2020-01413.

199 A.D.3d 402 (2021)

153 N.Y.S.3d 846

2021 NY Slip Op 06029

Janal Bakain, Appellant, v. City of New York et al., Respondents.

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

Decided November 4, 2021.


Attorney(s) appearing for the Case

Jonathan Rosenberg, PLLC, Brooklyn ( Ralph P. Franco, Jr. of counsel), for appellant.

Georgia M. Pestana , Corporation Counsel, New York ( Susan Paulson of counsel), for respondent.

Concur— Gische, J.P., Mazzarelli, Shulman, Pitt, Higgitt, JJ.


The jury's finding that defendant PO Christopher Eastmond was not negligent in the occurrence of the subject automobile accident was not against the weight of the evidence (see CPLR 4404[a]) and the evidence was legally sufficient to support a verdict in favor of defendants. The jurors could have reasonably found that defendant Eastmond had a green traffic light in his favor when he drove through the intersection of First Avenue and 125th Street, and that plaintiff...

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