Opinion
May 7, 1998
Appeal from the Supreme Court, Bronx County (Luis Gonzalez, J.).
Plaintiff was injured when the taxi cab she was entering, driven by defendant Cobb, was hit from behind by another taxi cab driven by defendant Hughes. Contrary to the contentions of Cobb and his cab's owner, the Times Cab Corp., however, the jury's failure to apportion liability exclusively against the Hughes defendants was not incompatible with "fair interpretation of the evidence" (Mazariegos v. New York City Tr. Auth., 230 A.D.2d 608, 610; Lolik v. Big V Supermarkets, 86 N.Y.2d 744, 746). Specifically, the jury's determination not to hold the Hughes defendants exclusively liable was supportable given evidence that the Cobb vehicle had stopped in a lane of moving traffic and that it may well have cut off the Hughes vehicle (see, Niemiec v. Jones, 237 A.D.2d 267).
We have considered the parties' other arguments for affirmative relief and find them to be without merit.
Concur — Rosenberger, J.P., Ellerin, Wallach, Williams and Saxe, JJ.