ANDREW FLORES, plf-res, v. NEW YORK CITY TRANSIT AUTHORITY, def-ap

3111-3112. ANDREW FLORES, plf-res, v. NEW YORK CITY TRANSIT AUTHORITY, def-ap — Lawrence Heisler, Brooklyn (Timothy J. O’Shaughnessy of counsel), for ap — William Schwitzer & Associates, P.C., New York (Howard R. Cohen of counsel), for res — Judgment, Supreme Court, Bronx County (Mary Ann Brigantti, J.), entered on or about January 26, 2016, insofar as appealed from as limited by the briefs, upon a jury verdict, awarding plaintiff damages in the aggregate amount of $1,032,532.65, and bringing up for review an order, same court and Justice, entered on or about August 7, 2015, which, insofar as appealed from as limited by the briefs, denied defendant’s motion to set aside the verdict pursuant to CPLR 4404(a), unanimously affirmed, without costs. Appeal from the aforesaid order, unanimously dismissed, without costs, as subsumed in the appeal from the judgment.

Plaintiff tripped and fell over a wooden board used to cover the edge of the train platform at a subway station. On the day in question, plaintiff was walking across a crowded platform towards a standing subway train, when his right foot became ensnared in a defect in the cover board, which he described as being 12 inches in width and which his foot became stuck underneath, thereby causing his left leg to become caught in the gap between the train and the platform.