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McDONALD v. NEW YORK CITY TR. AUTH.

10116, 112282/07.

106 A.D.3d 557 (2013)

965 N.Y.S.2d 123

2013 NY Slip Op 3589

GLENFORD McDONALD, Respondent, v. NEW YORK CITY TRANSIT AUTHORITY et al., Appellants, et al., Defendants.

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

Decided May 21, 2013.

The jury's finding that plaintiff sustained a significant limitation of use and permanent consequential limitation of use of a body function or system (see Insurance Law § 5102 [d]) is not against the weight of the evidence (see Cohen v Hallmark Cards, 45 N.Y.2d 493, 499 [1978]; Nicastro v Park, 113 A.D.2d 129, 132-133 [2d Dept 1985]). The jury award is not excessive (see...

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