Legal Opinion

Merino v. New York City Transit Authority

New York Court of Appeals

Decided November 14, 1996PublishedCited by 14 opinions

1Opinion of the Court

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

On April 9, 1989, after leaving work at 3:00 a.m. and consuming several beers, plaintiff went to the 183rd Street subway-station in the Bronx. Dizzy and affected by the alcohol, plaintiff, who had been standing at the edge of the platform, found himself on the tracks as a train approached. He was struck by the train and suffered various injuries including the loss of his left arm.

In his suit against the New York City Transit Authority plaintiff alleged several theories of negligence. After trial…

2Cases cited5 opinions

  1. Derdiarian v. Felix Contracting Corp.New York Court of Appeals · 1980
  2. Merino v.New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 1996
  3. Schwartz v. New York State Thruway AuthorityNew York Court of Appeals · 1984
  4. Schwartz v. New York State Thruway AuthorityAppellate Division of the Supreme Court of the State of New York · 1983
  5. Merino v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1992

3Cited by14 opinions

  1. Frank v. DaimlerChrysler Corp.Appellate Division of the Supreme Court of the State of New York · 2002
  2. Chunhye Kang-Kim v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2006
  3. Paul v. CooperAppellate Division of the Supreme Court of the State of New York · 2007
  4. Madden v. Town of GreeneAppellate Division of the Supreme Court of the State of New York · 2009
  5. Vizzini v. StateAppellate Division of the Supreme Court of the State of New York · 2000

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