Tzilianos v. New York City Transit Authority

Plaintiff allegedly sustained personal injuries when he fell while exiting a train at the 59th Street subway station. Defendant argued that the measurements of the horizontal and vertical gaps between the train and the platform did not exceed the six-inch maximum standard set forth in its internal operating rules, and thus, it was not negligent, as a matter of law. Defendant failed to establish either that compliance with its six-inch gap standard proves that it was not negligent or that it is entitled to qualified immunity

In support of its argument that it is entitled to qualified immunity,…