Merino v.New York City Transit Authority
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Tom, J.
Defendant New York City Transit Authority appeals a judgment, entered pursuant to a jury verdict, on the ground that plaintiff has failed to prove a prima facie case of negligence against it for injuries sustained by plaintiff who, while intoxicated, fell off a subway platform and was run over by a train. This was the second trial of the underlying action.
In 1988, plaintiff Francisco Merino found work as a dishwasher in a restaurant called "Mary Lou’s” in Manhattan where, in February 1989, he began to work full time. Plaintiff worked until 3:00 a.m. on Sunday…
2Cases cited13 opinions
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- Schwartz v. New York State Thruway AuthorityNew York Court of Appeals · 1984
- Van De Bogart v. StateAppellate Division of the Supreme Court of the State of New York · 1987
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