Cruz v. New York City Transit Authority

Skelos, J. (dissenting

and voting to affirm the judgment with the following memorandum, with which Crane, J., concurs). On October 4, 2001, the plaintiff, while descending a staircase located at the 74th Street and Roosevelt Avenue subway station in Queens, New York, slipped on a newspaper lying on the stairs and fell. After trial, the jury found both the plaintiff and the defendant 50% at fault in the happening of the accident. The defendant moved, inter alia, pursuant to CFLR 4404 (a) to set aside the jury verdict and for judgment as a matter of law and, in the alternative, to set aside the…