Legal Opinion

Blechman v. New York City Transit Authority

Appellate Division of the Supreme Court of the State of New York

Decided December 10, 2015No. 16369 109263/08PublishedCited by 2 opinions

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

  1. Barry v. ManglassNew York Court of Appeals · 1981
  2. Fishbane v. Chelsea Hall, LLCAppellate Division of the Supreme Court of the State of New York · 2009
  3. Mazariegos v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 1996
  4. Rydell v. Pan Am Equities, Inc.Appellate Division of the Supreme Court of the State of New York · 1999
  5. Hopkins v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2011

3Cited by2 opinions

  1. Madsen v. Catamount Dev. Corp.Appellate Division of the Supreme Court of the State of New York · 2020
  2. Madsen v. Catamount Dev. Corp.Appellate Division of the Supreme Court of the State of New York · 2020

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