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Oates v. New York City Transit Authority

28 N.Y.3d 1046 Court N.Y. Decision date 2016-11-17 English

Judges Concur: Chief Judge DiFiore and Judges Pigott, Rivera, Abdus-Salaam, Stein, Fahey and Garcia.

Contents

Majority

p. 1046
[65 NE3d 1280, 43 NYS3d 245]
Miriam Levy Oates, as Administratrix of the Estate of Rachel Levy, Deceased, et al., Respondents, v New York City Transit Authority, Appellant, et al., Defendants.
Decided November 17, 2016
p. 1047
APPEARANCES OF COUNSEL
Lawrence Heisler, MTA New York City Transit, Brooklyn, for appellant.
Law Offices of Rosemarie Arnold, New York City (Paige R. Butler of counsel), for respondents.

OPINION OF THE COURT

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed, with costs. The Appellate Division correctly determined that legally sufficient evidence supported the jury’s findings of negligence and entitlement to damages for decedent’s conscious pain and suffering.

Concur: Chief Judge DiFiore and Judges Pigott, Rivera, Abdus-Salaam, Stein, Fahey and Garcia.