Cruz v. New York City Transit Authority

I respectfully dissent and vote to affirm the judgment on the ground that, under the facts of this case there was, as a matter of law, no breach of any duty on the part of the defendant to protect against the type of accident that occurred here.

In this tragic mishap, the plaintiff Robert Cruz sat upon a stairway railing at a landing leading to the elevated train tracks at the Elderts Lane station in Jamaica, New York, when a youth, who was ascending the stairway, brushed against him causing him to fall to the sidewalk below. It was conceded by the plaintiffs’ expert that this stairway railing…