Cruz v. New York City Transit Authority

*689In an action to recover damages for personal injuries, the defendant appeals from a judgment of the Supreme Court, Queens County (Flaherty, J.), dated December 15, 2004, which, upon a jury verdict finding it 50% at fault in the happening of the accident and the plaintiff 50% at fault, and upon an order of the same court dated November 23, 2004, denying its motion, inter alia, pursuant to CPLR 4404 (a) to set aside the verdict and for judgment as a matter of law dismissing the complaint, is in favor of the plaintiff and against it.

Ordered that the judgment is reversed, on the law, with costs,…