Bingham v. New York City Transit Authority

8 N.Y.3d 176 (2007)

864 N.E.2d 49

832 N.Y.S.2d 125

INA JEAN BINGHAM, Respondent,

v.

NEW YORK CITY TRANSIT AUTHORITY et al., Appellants.

Court of Appeals of the State of New York.

Argued January 4, 2007.

Decided February 15, 2007.

Lawrence Heisler, Brooklyn, and Wallace D. Gossett for appellants.

Ginsberg & Katsorhis, P.C., Flushing (Kerry John Katsorhis of counsel), for respondent.

Chief Judge KAYE and Judges CIPARICK and SMITH concur with Judge PIGOTT; Judge GRAFFEO dissents and votes to reverse in a separate opinion; Judges READ and JONES taking no part.

OPINION OF THE COURT

PIGOTT, J.

In November 1995,…