Muniz v. New York City Transit Authority

In an action to recover damages for personal injuries, the defendant appeals from a judgment of the Supreme Court, Kings County (Jacobson, J.), dated July 19, 2004, which, upon a jury verdict, is in favor of the plaintiff and against it.

*389Ordered that the judgment is reversed, on the law, with costs, and the complaint is dismissed.

We agree with the defendant’s contention that the jury verdict that the plaintiff was negligent when she descended the defendant’s subway stairs and tripped and fell, but that her negligence was not a proximate cause of the accident, is inconsistent. Under the facts…