In this action to recover damages for personal injuries sustained in a New York City bus accident, the Appellate Division, Second Department, in accordance with M&H’s arguments, reversed and vacated the jury verdict in favor of the New York City Transit Authority and the Metropolitan Transit Authority. In so holding, Justice Francesca E. Connolly, writing for the Court, stated: “we hold that appellant need not preserve a contention that a jury verdict was contrary to the weight of the evidence by making a post verdict motion for a new trial. Further, we find that the jury verdict in this case was contrary to the weight of the evidence, entitling the plaintiff to a new trial.”

Evans v. New York City Transit Authority, et al.