Cusumano v. New York City Transit Authority

a negligence action to recover damages for personal injuries suffered by decedent, plaintiff appeals from (1) a judgment of the Supreme Court, Queens County, entered July 13, 1978, upon a jury verdict in favor of defendant, and from an earlier order of the same court, dated July 11, 1978 which denied a motion to set aside the verdict. Appeal from the order dismissed (see Matter of Aho, 39 NY2d 241, 248). Judgment reversed, on the law, and new trial granted with costs to abide the event. The reports of the postaccident brake tests in defendant’s "barn” were of crucial importance because (1)…