Kapitanova v Rafaeli
2005 NY Slip Op 01466 [16 AD3d 108]
March 1, 2005
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 18, 2005


Nina Kapitanova, Appellant,
v
Luba Rafaeli, Respondent.

[*1]

Order, Supreme Court, New York County (R. Bruce Cozzens, Jr., J., and a jury), entered October 6, 2003, upon a jury verdict, dismissing the complaint in an action for personal injuries sustained when plaintiff was struck by a cab driven by the decedent and co-owned by the decedent and defendant, unanimously affirmed, without costs.

The verdict is supported by the weight of the evidence showing that the accident was caused by a sudden, unforeseeable fatal heart attack suffered by the decedent just before his cab hit plaintiff (see McGinn v New York City Tr. Auth., 240 AD2d 378, 379 [1997]). Concur—Buckley, P.J., Tom, Saxe, Friedman and Sweeny, JJ.