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BETHEL v. NYC TR. AUTH.

92 N.Y.2d 348 (1998)

703 N.E.2d 1214

681 N.Y.S.2d 201

Mark Bethel, Respondent, v. New York City Transit Authority, Doing Business as Manhattan and Bronx Surface Transit Operating Authority, Appellant.

Court of Appeals of the State of New York.

Decided October 15, 1998.

Attorney(s) appearing for the Case

Lawrence Heisler, Brooklyn, Wallace D. Gossett, Lawrence A. Silver and Dawn Reid-Green for appellant.

Carol R. Finocchio, New York City, and Michael A. Cervini for respondent.

Chief Judge KAYE and Judges BELLACOSA, SMITH, CIPARICK and WESLEY concur.

LEVINE, J.

Over a century ago this Court adopted its version of the rule which came to prevail at the time in almost all State jurisdictions, imposing the duty upon common carriers of "the exercise of the utmost care, so far as human skill and foresight can go," for the safety of their passengers in transit (Kelly v Manhattan Ry. Co., 112 N.Y. 443, 450 [emphasis supplied]). New York, however...

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