Schaefer v. New York City Transit Authority

Order, Supreme Court, New York County (Eileen A. Rakower, J.), entered March 4, 2010, which granted defendants’ motion to set aside the jury verdict in plaintiffs’ favor and directed that judgment be entered in favor of defendants, reversed, on the law, without costs, the motion denied, and the matter remanded for a collateral source hearing.

Defendants failed to preserve their argument that a particular ANSI/AMSE standard did not form a proper basis for liability under General Municipal Law § 205-e, and we decline to review it in the interest of justice (Harris v Armstrong, 64 NY2d 700, 702…