Appellate Division of the Supreme Court of the State of New York November 6, 1995 (Urquhart v. New York City Transit Authority)

—In a negligence action to recover damages for personal injuries, the defendant appeals from a judgment of the Supreme Court, Kings County (Garry, J.), entered June 12, 1992, which, upon a jury verdict finding the defendant 90% at fault in the happening of the accident and the plaintiff 10% at fault and awarding damages of $384,000 ($9,000 for out of pocket expenses and $375,000 for past and