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LIVINGSTON v. NEW YORK CITY TRANSIT AUTHORITY

5461, 103084/10.

157 A.D.3d 546 (2018)

66 N.Y.S.3d 608

2018 NY Slip Op 00261

LYDIA LIVINGSTON, Appellant, v. NEW YORK CITY TRANSIT AUTHORITY et al., Respondents.

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

Decided January 16, 2018.

The record demonstrates that the complained of comments by the trial court, and its decision not to provide a missing document charge, were not prejudicial or in error. In any event, any such perceived error would be harmless in light of the evidence adduced at trial supporting the verdict (see e.g. Siagha v Salant-Jerome, Inc., 271 A.D.2d 274 [1st Dept 2000], lv denied 96 N.Y.2d...

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