Forde v. New York City Transit Authority

In a wrongful death action, plaintiff appeals from a judgment of the Supreme Court, Queens County, entered February 26, 1980, which is in favor of defendant upon the trial court’s dismissal of the complaint at the close of the evidence, at a jury trial. Judgment affirmed, with costs. Plaintiff does not dispute the fact that the decedent was contributorily negligent. “Since the instant cause of action accrued prior to September 1, 1975, it is subject to the contributory negligence bar, and may not be maintained absent application of the ameliorative doctrine of last clear chance” (see…