Howell v. New York City Transit Authority

Order, Supreme Court, Bronx County (Faviola A. Soto, J.), entered August 30, 2013, which denied defendant’s CPLR 4404 motion to set aside the verdict finding it 100% liable in negligence for plaintiffs injuries, and granted its motion to set aside the jury’s damages award and ordered a new trial on damages, unanimously modified, on the law, to grant defendant’s motion to set aside the verdict, and otherwise affirmed, without costs. The Clerk is directed to enter judgment dismissing the complaint.

Plaintiff, a large woman, was standing near the doors inside a crowded number 4 express train.…