Livingston v New York City Tr. Auth. (2018 NY Slip Op 00261)

Livingston v New York City Tr. Auth.

2018 NY Slip Op 00261 [157 AD3d 546]

January 16, 2018

Appellate Division, First Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, February 28, 2018

[*1]

Lydia Livingston, Appellant,
v
New York City Transit Authority et al., Respondents.

The Law Office of Judah Z. Cohen, PLLC, Woodmere (Judah Z. Cohen of counsel), for appellant.

Lawrence Heisler, Brooklyn (Timothy J. O'Shaughnessy of counsel), for respondents.

Judgment, Supreme Court, New York County (Robert R. Reed, J.), entered July 25, 2016, upon a jury verdict, dismissing the complaint, unanimously affirmed, without costs.

The record demonstrates that the complained of comments by the trial court, and its decision not to provide a missing document charge, were not prejudicial or in error. In any event, any such perceived error would be harmless in light of the evidence adduced at trial supporting the verdict (see e.g. Siagha v Salant-Jerome, Inc., 271 AD2d 274 [1st Dept 2000], lv denied 96 NY2d 714 [2001]). Concur—Friedman, J.P., Mazzarelli, Kapnick, Webber and Moulton, JJ.