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McKENZIE v. NEW YORK CITY TRANSIT AUTHORITY

278 A.D.2d 207 (2000)

716 N.Y.S.2d 907

COLIN McKENZIE, Appellant, v. NEW YORK CITY TRANSIT AUTHORITY, Respondent.

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

Decided December 4, 2000.

Ordered that the judgment is affirmed, with costs.

The plaintiff was struck by an oncoming subway train while he was walking on a subway track. His contention that the jury charge was unduly prejudicial is without merit. Further, any error in the court's charge was harmless (see, Manna v Don Diego, 261 A.D.2d 590; Greenberg v Yellow Frgt. Sys., 237 A.D.2d 568).

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