RODRIGUEZ v. NEW YORK CITY TRANSIT AUTHORITY


286 A.D.2d 681 (2001)

730 N.Y.S.2d 135

BRIGITTE RODRIGUEZ et al., Respondents, v. NEW YORK CITY TRANSIT AUTHORITY, Appellant.

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

Decided September 10, 2001.


Ordered that the interlocutory judgment is reversed, on the law, with costs, and the complaint is dismissed.

The plaintiffs commenced this action against the defendant to recover damages arising from injuries sustained by the plaintiff Brigitte Rodriguez while riding the subway. After a trial on the issue of liability, the jury found in favor of the plaintiffs on both a design defect and a negligence theory. We reverse and dismiss the complaint.

The plaintiffs...

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