Sulay L. v. New York City Transit Authority

Order, Supreme Court, Bronx County (Kibbie F. Payne, J.), entered July 3, 2012, which granted defendants’ motion for judgment during trial, unanimously reversed, on the law, without costs, and the verdict reinstated.

The Court notes at the outset that, as a practical matter, it was unnecessary for the trial court to issue its decision granting defendants’ CPLR 4401 motion, after the jury had returned a verdict in defendants’ favor (see Siegel NY Prac § 405 at 709-710 [5th ed 2011]). Nevertheless, upon a review of the motion on its merits, viewing the evidence presented in a light most…