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JOSE RIVERA, Respondent, et al., Plaintiff, v. NEW YORK CITY TRANSIT AUTHORITY, Appellant.

In light of the substantial evidence which demonstrates that plaintiff slipped and fell on a crack in the stairs and sustained significant injuries, the jury's verdict was rational (see, Cohen v. Hallmark Cards, 45 N.Y.2d 493). Moreover, in light of, inter alia, the evidence of the resultant condition of plaintiff's arthritis, the award does not materially deviate from what would be reasonable compensation under the circumstances (CPLR 5501 [c]).

Concur — Rosenberger, J.P., Ellerin, Kupferman and Nardelli, JJ.

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RIVERA v. NEW YORK CITY TRANSIT AUTHORITY
(Feb 17, 1994)