RINALDO v. NY CITY TR. AUTH.


39 N.Y.2d 285 (1976)

Jules Rinaldo, Appellant, v. New York City Transit Authority, Respondent.

Court of Appeals of the State of New York.

Decided April 8, 1976.


Attorney(s) appearing for the Case

Charles F. McGuire, John J. Gallione, Benjamin H. Siff and Thomas R. Newman for appellant.

John A. Murray, Stuart Riedel and Nancy Serventi for respondent.

Chief Judge BREITEL and Judges GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur.


JASEN, J.

In this action, plaintiff sought to recover damages for the severe personal injuries he suffered when he was struck by defendant's subway train on May 9, 1968. Plaintiff testified that he was pushed or bumped off the platform onto the subway tracks, but could not extricate himself in time to avoid being struck. Plaintiff advanced the last clear chance doctrine as the theory of liability, contending...

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