Gernhardt v. New York City Transit Authority

Full title: ROXANNE GERNHARDT, Respondent, v. NEW YORK CITY TRANSIT AUTHORITY…

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

Date published: Mar 31, 1994

202 A.D.2d 375 (N.Y. App. Div. 1994)

612 N.Y.S.2d 831

Opinion

March 31, 1994

Appeal from the Supreme Court, Kings County (Gloria Cohen Aronin, J.).

Upon review of the record, we find sufficient evidence to establish a prima facie case of negligence against defendant (see, Elam v. New York City Tr. Auth., 183 A.D.2d 599, lv denied 80 N.Y.2d 760), and no basis to exercise our discretionary power to set aside the verdict as against the weight of the evidence. Inconsistent testimony concerning the nature and condition of the subject stairway metal tread plate on the date that plaintiff slipped on it and fell was properly left to the jury (see, Nicastro v. Park, 113 A.D.2d 129, 134-137).

Concur — Sullivan, J.P., Wallach, Rubin and Nardelli, JJ.