Legal Opinion

Nesbit v. New York City Transit Authority

Appellate Division of the Supreme Court of the State of New York

Decided August 22, 1991PublishedCited by 14 opinions

1Opinion of the Court

OPINION OF THE COURT

Asch, J.

This is a case which as been tried twice. A verdict for the defendant in the first trial was vacated by the Trial Justice (affd 130 AD2d 986). The second trial resulted in a jury verdict in favor of the plaintiff but that Trial Justice set aside the plaintiff’s verdict and directed judgment for the defendant. It is unfortunate that the parties have been subjected to the trauma and expense of this extensive litigation. However, we reinstate the jury determination in favor of the plaintiff on more substantial grounds than these. The Trial Justice erred in granting…

2Cases cited5 opinions

  1. Ebanks v. New York City Transit AuthorityNew York Court of Appeals · 1987
  2. Weeden v. Armor Elevator Co.Appellate Division of the Supreme Court of the State of New York · 1983
  3. Kozlowski v. City of AmsterdamAppellate Division of the Supreme Court of the State of New York · 1985
  4. Johnson v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 1987
  5. Veltri v. StahlAppellate Division of the Supreme Court of the State of New York · 1989

3Cited by14 opinions

  1. Pavon v. RudinAppellate Division of the Supreme Court of the State of New York · 1998
  2. Rountree v. Manhattan & Bronx Surface Transit Operating AuthorityAppellate Division of the Supreme Court of the State of New York · 1999
  3. Mejia v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2002
  4. Potthast v. Metro-North Railroad Co.Court of Appeals for the Second Circuit · 2005
  5. Barney-Yeboah v. Metro-North Commuter RailroadAppellate Division of the Supreme Court of the State of New York · 2014

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