Lerner v. New York City Transit Authority

Order, Supreme Court, New York County (Carol E. Huff, J.), entered December 10, 2009, which, in this action for personal injuries sustained when plaintiff tripped on a broken tile in defendant’s subway station and fell, denied defendant’s motion to set aside the jury’s verdict awarding plaintiff $75,000 for past pain and suffering and $50,000 for future pain and suffering, unanimously affirmed, without costs.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence (see generally McDermott v Coffee Beanery, Ltd., 9 AD3d 195, 206 [2004]). Plaintiffs…