AMORUSO v. N. Y. CITY TRANSIT AUTH.


12 A.D.2d 11 (1960)

Leonard Amoruso, Appellant, v. New York City Transit Authority, Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

December 6, 1960.


Attorney(s) appearing for the Case

Frank Serri of counsel (Joseph A. De Marco with him on the brief), for appellant.

Edward W. Summers of counsel (Helen R. Cassidy with him on the brief; Daniel T. Scannell, attorney), for respondent.

BOTEIN, P. J., BREITEL and RABIN, JJ., concur in Per Curiam opinion; STEVENS, J., dissents and votes to affirm in dissenting opinion, in which McNALLY, J., concurs.


Per Curiam.

In this case plaintiff sues for injuries sustained by him as a result of an assault upon him in a subway station located at 14th Street and 8th Avenue. The trial court dismissed the complaint at the conclusion of the case without submitting it to the jury.

There is no question but that the defendant, a railroad carrier, is under a duty to take reasonable precautions for the protection and the safety...

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