Livingston v. New York City Transit Authority

Judgment, Supreme Court, New York County (Robert R. Reed, J.), entered July 25, 2016, upon a jury verdict, dismissing the complaint, unanimously affirmed, without costs.

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 AD2d 274 [1st Dept 2000], lv denied 96 NY2d 714 [2001]).

Concur—Friedman, J.P., Mazzarelli, Kapnick, Webber and Moulton, JJ.