Merino v.New York City Transit Authority

Ellerin, J. (dissenting).

The instant action was brought to recover damages for the grievous injuries suffered by plaintiff when he was hit by a subway train after falling to the tracks in the 183rd Street IRT Station. On a prior appeal, this Court affirmed an order which had set aside a verdict in plaintiffs favor and, after dismissing the other theories of liability as*460serted at the original trial, had directed a new trial on the issues of whether defendant was negligent in lighting the accident site, whether plaintiff was also negligent and the amount of damages, if any (183 AD2d 458). Upon…