Rivera v. New York City Transit Authority

Full title: JOSE RIVERA, Respondent, et al., Plaintiff, v. NEW YORK CITY TRANSIT…

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

Date published: Feb 17, 1994

201 A.D.2d 378 (N.Y. App. Div. 1994)

607 N.Y.S.2d 343

Opinion

February 17, 1994

Appeal from the Supreme Court, New York County (Stuart Cohen, J.).

In light of the substantial evidence which demonstrates that plaintiff slipped and fell on a crack in the stairs and sustained significant injuries, the jury's verdict was rational (see, Cohen v. Hallmark Cards, 45 N.Y.2d 493). Moreover, in light of, inter alia, the evidence of the resultant condition of plaintiff's arthritis, the award does not materially deviate from what would be reasonable compensation under the circumstances (CPLR 5501 [c]).

Concur — Rosenberger, J.P., Ellerin, Kupferman and Nardelli, JJ.