MIDDLETON v. NEW YORK CITY TRANSIT AUTH.

2018-07999. Index No. 7548/11.

199 A.D.3d 998 (2021)

154 N.Y.S.3d 808

2021 NY Slip Op 06613

Ashley Middleton et al., Appellants, v. New York City Transit Authority et al., Respondents.

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

Decided November 24, 2021.


Attorney(s) appearing for the Case

Souren A. Israelyan , New York, NY, for appellants.

Anna J. Ervolina , Brooklyn, NY ( Timothy J. O'Shaughnessy of counsel), for respondents.

Rivera, J.P., Miller, Genovesi and Ford, JJ., concur.


Ordered that the judgment is reversed, on the facts, with costs, that branch of the plaintiffs' motion which was, in effect, pursuant to CPLR 4404(a) to set aside the jury verdict as contrary to the weight of the evidence and for a new trial is granted, the complaint is reinstated, and the matter is remitted to the Supreme Court, Kings County, for a new trial on the issue of liability.

The infant plaintiff allegedly was injured after slipping on a step on a staircase...

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