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Singh v. New York City Transit Authority

Appellate Division of the Supreme Court of New York, Second Department
Oct 31, 1988
143 A.D.2d 1001 (N.Y. App. Div. 1988)

Opinion

October 31, 1988

Appeal from the Supreme Court, Queens County (LeVine, J.).


Ordered that the judgment is affirmed, without costs or disbursements.

The infant plaintiff was injured when he was hit by the defendant's bus while crossing Corona Avenue in Elmhurst, Queens. Although the plaintiff testified that he crossed the street at the corner, the bus driver testified that he did not see him and police officers arriving on the scene measured the location of impact as 17 feet east of the crosswalk. The plaintiff also testified that he did not see the bus because he was not paying attention. Given this evidence, we reject the plaintiff's contention on appeal that the jury's verdict absolving the defendant of negligence was contrary to the weight of the evidence. The verdict in favor of the defendant clearly reflected a "fair interpretation" of the evidence presented and we decline to disturb it (see, Nicastro v Park, 113 A.D.2d 129, 134; Delgado v Board of Educ., 65 A.D.2d 547, affd 48 N.Y.2d 643).

We also reject the plaintiff's contention that certain reports concerning the accident prepared by the defendant's employees were erroneously received into evidence at trial, because the reports were admissible as business records (CPLR 4518; Bromberg v City of New York, 25 A.D.2d 885). Bracken, J.P., Lawrence, Weinstein and Balletta, JJ., concur.


Summaries of

Singh v. New York City Transit Authority

Appellate Division of the Supreme Court of New York, Second Department
Oct 31, 1988
143 A.D.2d 1001 (N.Y. App. Div. 1988)
Case details for

Singh v. New York City Transit Authority

Case Details

Full title:IQBAL SINGH, an Infant, by His Father, TARSEM SINGH, Appellant, v. NEW…

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

Date published: Oct 31, 1988

Citations

143 A.D.2d 1001 (N.Y. App. Div. 1988)

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