Cintron v. New York City Transit Authority

Judgment, Supreme Court, Bronx County (Kenneth L. Thompson, J.), entered January 21, 2004, which set aside a jury verdict finding defendant 70% culpable and the infant plaintiff 30% culpable and dismissed the complaint, unanimously reversed, on the law and the facts, without costs, the jury verdict as to liability reinstated and the matter remanded for a new trial on the issues of apportionment unless plaintiff, within 30 days of service of a copy of this order, stipulates to an apportionment of 50%-50%.

The juiy’s verdict on liability cannot be said to be irrational as a matter of law (see…