Huang v. New York City Transit Authority
Opinion of the Court
A fair interpretation of the trial evidence supports the jury’s finding that the subway conductor failed to comply with defendant’s rules and regulations requiring a conductor to look
Plaintiff’s expert notice set forth in reasonable detail the subject matter and substance of the expert’s anticipated testimony, in compliance with CPLR 3101 (d) (see Nedell v St. George's Golf & Country Club, 203 AD2d 121 [1994]). The expert’s opinions regarding the speed of the train, the time it took to stop and the distance it traveled after striking plaintiff and before stopping, were founded upon information supplied by defendant’s own investigative reports and other disclosed internal documents, together with the police report and deposition testimony of the witnesses (see generally Soto v New York City Tr. Auth., 6 NY3d 487, 493-494 [2006]). Contrary to defendant’s contention, the expert did not introduce a new theory of liability, i.e., that the conductor had negligently delayed in activating the emergency brake. The police report, which indicated that plaintiff was dragged 40 feet by the train, was properly admitted into evidence under the business record exception through the testimony of the police sergeant who prepared the report, interviewed the witnesses, and recorded their statements (see Penn v Kirsh, 40 AD2d 814 [1972]). Ultimately, counsel for defendant conceded the accuracy of plaintiff’s expert’s testimony in his summation to the jury.
Defendant’s argument that it was denied a fair trial when plaintiffs counsel, in violation of the attorney-client privilege and in front of the jury, questioned the conductor about communications he had had with defense counsel during a brief recess, and by certain remarks made by plaintiffs counsel in opening and closing, is not preserved for appellate review (see generally Califano v City of New York, 212 AD2d 146, 152-153 [1995]). In any event, defendant failed to meet its burden of
We find the damage awards for plaintiffs catastrophic injuries excessive only to the extent indicated (see CPLR 5501 [c]). We have considered defendant’s remaining arguments and find them unavailing. Concur—Tom, J.P., Friedman, Nardelli and Catterson, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.