Cheung v. New York City Transit Authority

In an action to recover damages for personal injuries, the plaintiff appeals from a judgment of the Supreme Court, Queens County (Ritholtz, J.), entered November 17, 2011, which, upon a jury verdict, is in favor of the defendant on the issue of liability and against him, dismissing the complaint.

Ordered that the judgment is reversed, on the law, with costs, the complaint is reinstated, and the matter is remitted to the Supreme Court, Queens County, for a new trial.

The plaintiff correctly contends that the Supreme Court erred in charging the jury with regard to the so-called “storm in…