Simmons v. New York City Transit Authority

Judgment, Supreme Court, Bronx County (Wilma Guzman, J.), entered June 18, 2012, upon a jury verdict, awarding plaintiff damages in the amount of $300,000 for past pain and suffering and $200,000 for future pain and suffering, unanimously affirmed, without costs.

The jury could rationally conclude that defendant had constructive notice of the defect in the subway station stairway from plaintiffs testimony that the photographs entered into evidence were taken approximately five weeks after his accident occurred and that they fairly and accurately depicted the location as it appeared on the day…