ALLEN v. NEW YORK CITY TRANSIT AUTH.


148 A.D.2d 563 (1989)

Frederick E. Allen, as Administrator of The Estate of Norma Allen, Deceased, Respondent, v. New York City Transit Authority et al., Appellants, et al., Defendant

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

March 20, 1989


Ordered that the judgment is affirmed insofar as appealed from, with costs.

The plaintiff's decedent, a 36-year-old mother of two minor children, was struck and killed by a subway train after she and her four-year-old son fell onto the tracks. She managed to push the child to safety but was unable to save herself. Based upon the evidence adduced at the trial, we find that the reduced award of $890,000 was not excessive (see, O'Connor v Roth, ...

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