SKELKA v. METRO TR AUTH


76 A.D.2d 492 (1980)

Ernest Skelka et al., Respondents, v. Metropolitan Transit Authority et al., Appellants

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

August 11, 1980


Attorney(s) appearing for the Case

O'Brien, Kelly & Rode (John D. Kelly and Shawn P. Kelly of counsel), for appellants.

Crowe, McCoy, Agoglia, Fogarty & Zweibel, P. C. (Morris Zweibel and Patrick J. Fogarty of counsel), for respondents.

MOLLEN, P. J., HOPKINS and MARTUSCELLO, JJ., concur.


TITONE, J.

Plaintiff Ernest Skelka suffered severe personal injuries when he was either pushed or stepped from defendants' train as it was leaving the Patchogue station in Long Island. Although Skelka testified at the trial that he was pushed from the train by a trainman as it was moving, other evidence adduced at the trial by him and defendants indicated that the trainman induced him to step from the moving...

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