Heyward v. New York City Transit Authority

In a wrongful death action, the appeal is from a judgment of the Supreme Court, Queens County entered November 15, 1979, which, upon a jury verdict, was in favor of the plaintiff in the net principal sum of $70,000 after apportioning liability, 70% against the defendant and 30% against the plaintiff. Judgment reversed, on the law and the facts, with costs, and complaint dismissed. At about 10:00 p.m. on February 27, 1976, a Manhattan bound "E” subway train left its terminal at 179th Street in Jamaica, Queens. Several minutes later as it entered the 75th Avenue station, which is the fifth…