| Oates v New York City Tr. Auth. |
| 2016 NY Slip Op 07707 [28 NY3d 1046] |
| November 17, 2016 |
| Court of Appeals |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| As corrected through Wednesday, January 4, 2017 |
| 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
Oates v New York City Tr. Auth., 138 AD3d 470, affirmed.
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.
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.