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RODRIGUEZ v. NEW YORK CITY TRANSIT AUTHORITY

1463.

67 A.D.3d 511 (2009)

888 N.Y.S.2d 56

2009 NY Slip Op 08164

JACQUELINE RODRIGUEZ, Respondent, v. NEW YORK CITY TRANSIT AUTHORITY et al., Appellants.

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

Decided November 12, 2009.

The jury found that the bus driver's negligence was not a proximate cause of plaintiff's injuries. Plaintiff's argument of irreconcilable inconsistency in this finding is unpreserved (see Barry v Manglass, 55 N.Y.2d 803, 806 [1981]). Moreover, this case does not present a situation where the questions of negligence and proximate cause are inextricably interwoven. The jury's determination that defendant's negligence was not a substantial...

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