Cropper v. Stewart

Judgment, Supreme Court, New York County (Donna Mills, J.), entered November 15, 2012, upon a jury verdict in favor of plaintiff which, to the extent appealed from as limited by the briefs, found defendant New York City Transit Authority (NYCTA), liable for plaintiffs injuries, unanimously reversed, on the law, without costs, the judgment vacated and the complaint dismissed as against NYCTA. The Clerk is directed to enter judgment accordingly.

*418A defendant is not liable where he or she is faced with a sudden and unforeseen occurrence that was not of his own making (see Mendez v City of New…