BYRD v. NEW YORK CITY TRANSIT AUTH.


228 A.D.2d 537 (1996)

644 N.Y.S.2d 773

Betty Byrd, as Administrator of The Estate of Valerie Byrd, Deceased, Respondent, v. New York City Transit Authority, Appellant

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

June 17, 1996


Ordered that the order is reversed, on the law, with costs, the defendant's motion for summary judgment dismissing the complaint is granted, and the complaint is dismissed.

On May 23, 1987, at about 6:00 P.M., the plaintiff's decedent Valerie Byrd was found unconscious on a platform of the Wall Street Station of the defendant's IRT subway line. She was subsequently taken to the hospital, where she died on May 28. There were no witnesses to the incident which caused...

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