Pena v. New York City Transit Authority

— Order, Supreme Court, Bronx County (Herbert Shapiro, J.), entered on or about August 10, 1989, which set aside a jury verdict assessing defendant 100 percent liable and directed a new trial, is affirmed, without costs.

*795In this personal injury action, plaintiffs decedent, Expedito Aragonés, who died in 1989 of unrelated causes, fell between two cars of a moving subway train on May 3, 1984, and sustained injuries that necessitated the amputation of three fingers on his left hand. Following a bifurcated trial in which the jury determined solely the issue of liability, a verdict of 100 percent…