RIVERA v. NY CITY TR. AUTH.


77 N.Y.2d 322 (1991)

Ada Rivera, Individually and as Administratrix of The Estate of Milton Rivera, Deceased, Respondent, v. New York City Transit Authority, Appellant.

Court of Appeals of the State of New York.

Decided February 14, 1991.


Attorney(s) appearing for the Case

Lawrence A. Silver and Albert C. Cosenza for appellant.

Louis Venezia, Benedict L. Sliney and Ralph M. Cursio for respondent.

Chief Judge WACHTLER and Judges KAYE and ALEXANDER concur with Judge BELLACOSA; Judge HANCOCK, JR., dissents and votes to affirm in a separate opinion in which Judges SIMONS and TITONE concur.


BELLACOSA, J.

In 1980, Milton Rivera fell from the platform of the 42nd Street and 6th Avenue Manhattan subway station onto the tracks and was struck by an arriving train. He died several hours later. His widow sued the New York City Transit Authority (TA) for damages. After a trial, the jury returned a verdict in plaintiff's favor, apportioning fault 15% against plaintiff's decedent and 85% against defendant...

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