Legal Opinion

Merino v.New York City Transit Authority

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

Decided March 5, 1996PublishedCited by 31 opinions

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

  1. Akins v. Glens Falls City School DistrictNew York Court of Appeals · 1981
  2. Solomon v. City of New YorkNew York Court of Appeals · 1985
  3. Febesh v. Elcejay Inn Corp.Appellate Division of the Supreme Court of the State of New York · 1990
  4. Schwartz v. New York State Thruway AuthorityNew York Court of Appeals · 1984
  5. Van De Bogart v. StateAppellate Division of the Supreme Court of the State of New York · 1987

8 more not listed; retrieve them via the Exa API.

3Cited by31 opinions

  1. George Lombard and Lomar, Inc. v. Booz-Allen & Hamilton, Inc. ("Bah"), and W. Frank Jones, Individually and as an Employee of BahCourt of Appeals for the Second Circuit · 2002
  2. Pasternack v. Laboratory Corp. of America HoldingsCourt of Appeals for the Second Circuit · 2015
  3. Frank v. DaimlerChrysler Corp.Appellate Division of the Supreme Court of the State of New York · 2002
  4. Chunhye Kang-Kim v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2006
  5. Madden v. Town of GreeneAppellate Division of the Supreme Court of the State of New York · 2009

26 more not listed; retrieve them via the Exa API.

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