Blechman v. New York City Transit Authority
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Judgment, Supreme Court, New York County (Ellen M. Coin, J.), entered April 11, 2014, upon a jury verdict, awarding plaintiff the aggregate amount of $356,458.01, unanimously affirmed, without costs.
Defendant’s argument that the jury’s finding that plaintiff was negligent but that her negligence was not a proximate cause of her injury was inconsistent was not raised before the jury was discharged, and therefore is unpreserved (see Barry v Manglass, 55 NY2d 803, 806 [1981]). In any event, the issues were not so inextricably interwoven as to make it logically impossible to find negligence but…
2Cases cited5 opinions
- Barry v. ManglassNew York Court of Appeals · 1981
- Fishbane v. Chelsea Hall, LLCAppellate Division of the Supreme Court of the State of New York · 2009
- Mazariegos v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 1996
- Rydell v. Pan Am Equities, Inc.Appellate Division of the Supreme Court of the State of New York · 1999
- Hopkins v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2011
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- Madsen v. Catamount Dev. Corp.Appellate Division of the Supreme Court of the State of New York · 2020