Seong Yim Kim v. New York City Transit Authority
Cases that cite this one
16 later published cases cite this decision.
- Wilson v. County of Westchester (Appellate Division of the Supreme Court of New York 2017)
- Gangadeen v. Roman (Appellate Division of the Supreme Court of New York 2016)
- Rivera v. Motor Vehicle Accident Indemnification Corp. (Appellate Division of the Supreme Court of New York 2014)
- SAUTER, CLAUDETTE v. CALABRETTA, PETER A. (Appellate Division of the Supreme Court of New York 2013)
- Montesione v. Newell Rubbermaid, Inc. (Appellate Division of the Supreme Court of New York 2021)
- McCourt v. Wasilewski (Appellate Division of the Supreme Court of New York 2014)
- Albano v. K.R. & S. Auto Repair, Inc. (Appellate Division of the Supreme Court of New York 2014)
- ALGER, COLLETTE v. UNIVERSITY OF ROCHESTER MEDICAL, CENTER (Appellate Division of the Supreme Court of New York 2014)
- Agui v. Fernandez (Appellate Division of the Supreme Court of New York 2014)
- Agui v. Fernandez (Appellate Division of the Supreme Court of New York 2014)
- Alger v. Strong Memorial Hospital (Appellate Division of the Supreme Court of New York 2014)
- Alger v. Strong Memorial Hospital (Appellate Division of the Supreme Court of New York 2014)
- Bonny v. Pierre (Appellate Division of the Supreme Court of New York 2012)
- Adetimirin v. Howland Hook Housing Co. (Appellate Division of the Supreme Court of New York 2012)
- Gonzalez v. Lorissa Bus Service, Inc. (Appellate Division of the Supreme Court of New York 2012)
- Rosenbaum v. Ross-Rodney Housing Corp. (Appellate Division of the Supreme Court of New York 2012)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
The plaintiff Seong Yim Kim (hereinafter the plaintiff pedes
The plaintiff pedestrian and the plaintiff husband, suing derivatively, commenced this action against the NYCTA and Frye, to recover damages allegedly sustained as a result of the defendants’ negligence. After the trial, the jury returned a verdict finding that the defendants were not negligent in the happening of the accident. The plaintiffs orally moved pursuant to CPLR 4404 (a) to set aside the verdict and for judgment in their favor on the issue of liability or to set aside the verdict as contrary to the weight of the evidence and for a new trial. The Supreme Court granted that branch of the motion which was to set aside the verdict as contrary to the weight of the evidence and for a new trial.
CPLR 4404 (a) states that a court may set aside a jury verdict and either (1) “direct that judgment be entered in favor of a party entitled to judgment as a matter of law” or (2) “order a new trial . . . where the verdict is contrary to the weight of the evidence.” A jury verdict should not be set aside as contrary to the weight of the evidence unless “the evidence so preponderate[s] in favor of the [moving party] that the jury could not have reached the verdict by any fair interpretation of the evidence” (Acosta v City of New York, 84 AD3d 706, 708 [2011]; see Harris v Marlow, 18 AD3d 608, 610 [2005]; Schiskie v Fernan, 277 AD2d 441 [2000]). “[I]t is within the province of the jury to determine issues of credibility, and great deference is accorded to the jury given its opportunity to see and hear the witnesses” (Palermo v Original California Taqueria, Inc., 72 AD3d 917, 918 [2010]).
Here, there was a fair interpretation of the evidence supporting the jury’s determination that the defendants were not negligent in failing to yield the right of way to a pedestrian lawfully in a crosswalk at the time a steady green traffic signal was exhibited (see Vehicle and Traffic Law § 1111 [a] [1]) or failing to see what was there to be seen (see Vehicle and Traffic Law § 1146; see e.g. Kaminsky v M.T.A. N.Y. City Tr. Auth., 79 AD3d 411, 412 [2010]).
The plaintiff pedestrian testified that she saw the bus in mo
In light of our determination, the plaintiffs’ contention is academic. Skelos, J.E, Leventhal, Austin and Sgroi, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.