Galanek v. New York City Transit Authority
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Judgment, Supreme Court, New York County, entered November 27, 1973, on jury verdict for defendant, is unanimously affirmed, without costs and without disbursements. The trial court did not err in refusing to submit to the jury the doctrine of last clear chance. The doctrine may excuse what would otherwise be contributory negligence because the proximate causal relationship between the contributory negligence and the injury was broken by "defendant’s failure to heed the peril and take whatever reasonable steps the circumstances indicated to avoid injury to the plaintiff. * * * Where a…
2Cases cited6 opinions
- Palmer v. HoffmanSupreme Court of the United States · 1943
- Toll v. StateAppellate Division of the Supreme Court of the State of New York · 1969
- Panarese v. Union Railway Co.New York Court of Appeals · 1933
- Chadwick v. City of New YorkNew York Court of Appeals · 1950
- Wilson v. MaielloAppellate Division of the Supreme Court of the State of New York · 1970
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3Cited by7 opinions
- Green v. DeMarcoNew York Supreme Court · 2005
- Bracco v. MABSTOAAppellate Division of the Supreme Court of the State of New York · 1986
- Rodriguez v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2011
- Harrison v. BaileyAppellate Division of the Supreme Court of the State of New York · 2010
- Taylor v. City of New YorkAppellate Terms of the Supreme Court of New York · 1991
2 more not listed; retrieve them via the Exa API.