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ROSEN v. NEW YORK CITY TRANSIT AUTHORITY

295 A.D.2d 125 (2002)

743 N.Y.S.2d 701

AARON J. ROSEN et al., Appellants, v. NEW YORK CITY TRANSIT AUTHORITY et al., Defendants, and NAB CONSTRUCTION CORP., Respondent. (And a Third-Party Action.)

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

Decided June 6, 2002.

No valid line of reasoning can support a finding that defendant's walkway in any manner contributed to the accident (see, Misel v N.F.C. Cab Corp., 277 A.D.2d 83). According to plaintiff, the walkway should have, but did not, channel pedestrian flow back to the sidewalk through an extension of the barrier in the area where plaintiff was hit up to the sidewalk. However, according to plaintiff...

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