Legal Opinion

Brown v. New York City Transit Authority

Appellate Division of the Supreme Court of the State of New York

Decided April 10, 2008PublishedCited by 2 opinions

1Opinion of the Court

Judgment, Supreme *378Court, New York County (Faviola Soto, J.), entered October 13, 2006, after a jury trial, in defendant’s favor, unanimously affirmed, without costs.

Plaintiffs argument that the verdict was irreconcilably inconsistent is unpreserved, since this issue was not raised prior to discharge of the jury (see Martinez v New York City Tr. Auth., 41 AD3d 174 [2007]). Moreover, this matter does not present a situation where the questions of negligence and proximate cause are inextricably interwoven (see Dwight v New York City Tr. Auth., 30 AD3d 270 [2006], lv denied 7 NY3d 711 [2006]).…

2Cases cited3 opinions

  1. Sharrow v. Dick Corp.New York Court of Appeals · 1995
  2. Martinez v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2007
  3. Dwight v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2006

3Cited by2 opinions

  1. Midler v. CraneAppellate Division of the Supreme Court of the State of New York · 2009
  2. Duran v. NandaAppellate Division of the Supreme Court of the State of New York · 2020

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