Legal Opinion

McKenzie v. New York City Transit Authority

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

Decided December 4, 2000Published

1Opinion of the Court

In an action to recover damages for personal injuries, the plaintiff appeals, on the ground of inadequacy, from a judgment of the Supreme Court, Kings County (Barasch, J.), entered June 4,1999, which, upon a jury verdict finding him 80% at fault and the defendant *20820% at fault in the happening of the accident, awarded him the principal sum of only $58,757.59.

Ordered that the judgment is affirmed, with costs.

The plaintiff was struck by an oncoming subway train while he was walking on a subway track. His contention that the jury charge was unduly prejudicial is without merit. Further, any error in…

2Cases cited4 opinions

  1. Nicastro v. ParkAppellate Division of the Supreme Court of the State of New York · 1985
  2. Manna v. Don DiegoAppellate Division of the Supreme Court of the State of New York · 1999
  3. Mattei v. FigueroaAppellate Division of the Supreme Court of the State of New York · 1999
  4. Greenberg v. Yellow Freight Systems, Inc.Appellate Division of the Supreme Court of the State of New York · 1997

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