Legal Opinion

Clotter v. New York City Transit Authority

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

Decided December 15, 2009PublishedCited by 3 opinions

1Opinion of the Court

*519The trial evidence established that plaintiff fell due to a defect on a stairway leading into a Transit Authority subway entrance. The cause of the defect was adequately established by plaintiff and her expert by use of, inter alia, plaintiffs photographs (see Hoerner v Chrysler Fin. Co., L.L.C., 21 AD3d 1254, 1255 [2005]). We find no fault with the method used by plaintiffs expert, which defendant’s expert also used.

Plaintiffs awards for past and future lost earnings were supported by her expert. Defendant’s expert proffered no testimony as to what plaintiffs future lost earnings would be,…

2Cases cited2 opinions

  1. Orellano v. 29 East 37th Street Realty Corp.Appellate Division of the Supreme Court of the State of New York · 2004
  2. Hoerner v. Chrysler Financial Co.Appellate Division of the Supreme Court of the State of New York · 2005

3Cited by3 opinions

  1. Velasquez v. United States Postal ServiceDistrict Court, E.D. New York · 2016
  2. Raniola v. Montefiore Medical CenterAppellate Division of the Supreme Court of the State of New York · 2011
  3. Sermoneta v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2017

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