Myers v. New York City Transit Authority

Judgment, Supreme Court, New York County (Marylin G. Diamond, J.), entered November 21, 2006, upon a jury verdict in defendants’ favor, unanimously affirmed, without costs.

Plaintiff was injured when she fell while walking on a subway platform that was being retiled. During plaintiff’s direct case, she called, among others, a mechanical engineer employed by defendant Transit Authority, and although plaintiff should have been permitted to use leading questions in examining the employee of an adverse party (see Jordan v Parrinello, 144 AD2d 540, 541 [1988]), and ask him questions as an expert…