Legal Opinion

De Leon v. New York City Transit Authority

New York Court of Appeals

Decided April 29, 1980PublishedCited by 6 opinions

1Opinion of the Court

OPINION OF THE COURT

Gabrielli, J.

On August 17, 1970, the infant plaintiff, Jose De Leon, was seriously injured when he slipped and fell between two moving subway cars while riding on a train operated by defendant, the New York City Transit Authority. Alleging that the accident had been caused by defendant’s negligence in operating the subway train, Jose’s mother subsequently brought an action against the Transit Authority on behalf of herself and the infant plaintiff. At trial, the Transit Authority sought to take advantage of the immunity from tort liability conferred by section 83 of the…

2Cases cited2 opinions

  1. Trudell v. New York Rapid Transit Corp.New York Court of Appeals · 1939
  2. Carpino v. BakerAppellate Division of the Supreme Court of the State of New York · 1979

3Cited by6 opinions

  1. Bargaintown, D.C., Inc. v. Bellefonte InsuranceNew York Court of Appeals · 1981
  2. S.A.B. Enterprisses, Inc. v. Village of AthensAppellate Division of the Supreme Court of the State of New York · 1991
  3. Zhi Eric Zhang v. ABC Corp.Appellate Division of the Supreme Court of the State of New York · 2021
  4. Mathews v. Coca-Cola BottlingAppellate Division of the Supreme Court of the State of New York · 1992
  5. Cheung v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2013

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