Cruz v. New York City Transit Authority
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Bracken, J.
In this personal injury action, the trial court determined, at the close of the plaintiffs’ case, that the defendant was entitled to a judgment against the plaintiff as a matter of law (CPLR 4401). We reverse, and grant a new trial.
I
The pertinent trial evidence may be briefly summarized. While waiting for a friend to join him on the landing of an exterior stairway leading to the token booth and turnstile area of the Elderts Lane elevated station of the Jamaica Avenue subway line, the plaintiff Robert Cruz lifted himself up and sat on the landing’s 43-inch-high…
2Cases cited33 opinions
- Derdiarian v. Felix Contracting Corp.New York Court of Appeals · 1980
- Basso v. MillerNew York Court of Appeals · 1976
- Nallan v. Helmsley-Spear, Inc.New York Court of Appeals · 1980
- Akins v. Glens Falls City School DistrictNew York Court of Appeals · 1981
- Solomon v. City of New YorkNew York Court of Appeals · 1985
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3Cited by36 opinions
- Eleanor M. Stagl v. Delta Airlines, Inc.Court of Appeals for the Second Circuit · 1995
- Diven v. Village of Hastings-On-HudsonAppellate Division of the Supreme Court of the State of New York · 1989
- Abrams v. ButeAppellate Division of the Supreme Court of the State of New York · 2016
- McDonough v. Celebrity Cruises, Inc.District Court, S.D. New York · 1999
- Trivino v. Jamesway Corp.Appellate Division of the Supreme Court of the State of New York · 1989
31 more not listed; retrieve them via the Exa API.