Legal Opinion

Rodriguez v. New York City Transit Authority

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

Decided November 12, 2009PublishedCited by 6 opinions

1Opinion of the Court

Order, Supreme Court, New York County (Marilyn Shafer, J.), entered June 24, 2008, which granted plaintiffs motion to set aside a jury verdict in defendants’ favor, unanimously reversed, on the law, without costs, the motion denied, the verdict reinstated, and the complaint dismissed.

The jury found that the bus driver’s negligence was not a proximate cause of plaintiffs injuries. Plaintiffs argument of irreconcilable inconsistency in this finding is unpreserved (see Barry v Manglass, 55 NY2d 803, 806 [1981]). Moreover, this case does hot present a situation where the questions of negligence…

2Cases cited3 opinions

  1. Barry v. ManglassNew York Court of Appeals · 1981
  2. Koopersmith v. General Motors Corp.Appellate Division of the Supreme Court of the State of New York · 1978
  3. Dwight v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2006

3Cited by6 opinions

  1. Ramos v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2011
  2. Madrigal v. Montefiore Med. Ctr.Appellate Division of the Supreme Court of the State of New York · 2021
  3. Madrigal v. Montefiore Med. Ctr.Appellate Division of the Supreme Court of the State of New York · 2021
  4. Ruiz v. Summit Appliance DivisionAppellate Division of the Supreme Court of the State of New York · 2012
  5. Watson v. Jade Luxury Transportation Corp.Appellate Division of the Supreme Court of the State of New York · 2014

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