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QUINN v. NEW YORK CITY TRANSIT AUTH.

1382, 16587/06.

140 A.D.3d 446 (2016)

31 N.Y.S.3d 869

2016 NY Slip Op 04345

SUYAPA QUINN, Respondent, v. NEW YORK CITY TRANSIT AUTHORITY et al., Appellants.

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

Decided June 7, 2016.

The jury verdict was supported by legally sufficient evidence that the NYCTA driver was negligent in the happening of the accident (see generally Cohen v Hallmark Cards, 45 N.Y.2d 493, 499 [1978]). Plaintiff's testimony that the driver was inattentive, and the driver's sudden recall of the accident despite having no memory of it at the time of his deposition, supported the jury determination that the emergency doctrine did not apply...

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