Appellate Division of the Supreme Court of the State of New York February 20, 2007 (Velasquez v. New York City Transit Authority)

In an action to recover damages for personal injuries, the plaintiff appeals from a judgment of the Supreme Court, Queens County (Kitzes, J.), entered August 18, 2005, which, upon a jury verdict and upon the denial of his motion pursuant to CFLR 4404 (a) to set aside the verdict as inconsistent and against the weight of the evidence, and for judgment in his favor as a matter of law, is in favor