Davis v. New York City Transit Authority

Order, Supreme Court, New York County (Peter H. Moulton, J), entered April 18, 2012, which, upon defendants-respondents’ posttrial motion, set aside the jury award in plaintiff’s favor and dismissed the complaint, unanimously modified, on the law, to deny the motion to dismiss the complaint, remand the matter for a new trial, with proof confined to the theories set forth in the notice of claim, and otherwise affirmed, without costs.

Plaintiff alleges that her decedent was injured when her motorized wheelchair flipped over, causing her to be thrown onto the floor of the bus on which she and her…