Solovey v. New York City Transit Authority

OPINION OF THE COURT

Herbert Kramer, J.

*223Plaintiff tripped and fell on a sewer grate as he was alighting from a bus. Plaintiff testified that the bus had stopped about three feet from the curb. He held onto the handrail as he proceeded to get off “hoping that the curb is right outside,” but instead found himself slipping as his foot got caught in one of the openings of the grate. After a trial, the jury found that the defendant was 60% responsible and the plaintiff 40% responsible for the happening of the accident. Defendant moves to set aside the verdict arguing that a nondefective sewer grate…