FRANCIS v. NEW YORK CITY TRANSIT AUTHORITY


295 A.D.2d 164 (2002)

744 N.Y.S.2d 9

DAVID FRANCIS, Respondent, v. NEW YORK CITY TRANSIT AUTHORITY, Appellant.

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

Decided June 13, 2002.


Plaintiff testified at deposition that as he fled a threatening gang of youths, he tripped over a protruding metal plate on the subway platform, causing him to fall close to the platform's edge, then almost immediately onto the tracks and ultimately through the tracks and onto the street below. We reject defendant's argument that such testimony establishes, as a matter of law, that plaintiff's injuries were not caused by the allegedly hazardous metal plate but by the gang...

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