PYTEL v. NEW JERSEY TRANSIT AUTHORITY


267 A.D.2d 155 (1999)

700 N.Y.S.2d 19

STANLEY PYTEL, Appellant, v. NEW JERSEY TRANSIT AUTHORITY et al., Respondents.

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

Decided December 21, 1999.


The record supports the court's finding that the adult plaintiff's conduct in becoming intoxicated, ignoring "no trespassing" signs, jumping four or five feet from the train platform to enter a darkened recess under the platform, and going to sleep there, approximately one foot away from railroad tracks that plaintiff believed to be active, was so reckless as to constitute the sole legal cause of his injuries (see, Olsen v Town of Richfield, 81 N.Y...

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