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RIVERA v. NEW YORK CITY TR. AUTH.

54 A.D.3d 545 (2008)

863 N.Y.S.2d 201

YVETTE RIVERA, Appellant, v. NEW YORK CITY TRANSIT Authority, et al., Respondents. LISA M. INGRISANO, Appellant, v. NEW YORK CITY TRANSIT AUTHORITY et al., Respondents. DONALD PUGLISI, Appellant, v. NEW YORK CITY TRANSIT AUTHORITY et al., Respondents. WEI DE FAN, Appellant, v MANHATTAN AND BRONX SURFACE TRANSIT OPERATING AUTHORITY et al., Respondents. ODETTE BOBB, Appellant v. ANTONIO BATTISTA et al., Respondents. DAMIKA BREHON, Appellant, v NEW YORK CITY TRANSIT AUTHORITY et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, First Department.

September 2, 2008.

Plaintiffs in these actions allege that they were injured in an accident that occurred when the individual defendant, an employee of defendant New York City Transit Authority (NYCTA), passed out while operating a bus. Plaintiffs' actions, along with others arising from the same incident, were consolidated for trial on the issue of liability. The sole question put to the jury was as follows: "Did the defendant [bus driver] . . . have a sudden, unanticipated, medical emergency...

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