Ynoa v. New York City Transit Authority

Order, Supreme Court, Bronx County (Geoffrey D. Wright, J.), entered October 8, 2010, which granted defendant’s motion to set aside the jury verdict and dismissed the complaint, unanimously reversed, on the law, without costs, defendant’s motion to set aside the verdict denied, and the complaint reinstated.

The IAS court erred in granting the motion to set aside the verdict on the ground that there was insufficient evidence to support a finding for plaintiff on the issue of constructive notice. The court did not charge constructive notice, and defendant did not object to that aspect of the…