McKenzie v. New York City Transit Authority

Judgment, Supreme Court, Bronx County (Alison Tuitt, J.), entered April 8, 2014, upon a jury verdict in plaintiff’s favor, unanimously reversed, on the law and the facts, without costs, the judgment vacated, and the matter remanded for a new trial on the issue of liability.

Plaintiff sustained a fractured ankle when she tripped and fell on “cracks” in a cobblestone crosswalk while attempting to board a bus. The bus was away from the bus stop, with its front doors in the crosswalk, and about five feet from the curb. The jury found defendants and plaintiff negligent, but that only defendants’…