CRUZ v. TR. AUTH.


136 A.D.2d 196 (1988)

Robert Cruz et al., Appellants, v. New York City Transit Authority, Respondent

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

March 21, 1988


Attorney(s) appearing for the Case

Hoberman & Sussman, P. C. (Owen O. Hoberman and Samuel J. Sussman of counsel), for appellants.

William E. Rosa (Lawrence Heisler of counsel), for respondent.

MOLLEN, P. J., and BROWN, J., concur with BRACKEN, J.; SPATT, J., dissents and votes to affirm the judgment appealed from, with an opinion.


BRACKEN, J.

In this personal injury action, the trial court determined, at the close of the plaintiffs' case, that the defendant was entitled to a judgment against the plaintiff as a matter of law (CPLR 4401). We reverse, and grant a new trial.

I

The pertinent trial evidence may be briefly summarized. While waiting for a friend to join him on the landing of an exterior stairway leading to the...

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