STRAUSS v. NEW YORK CITY TRANSIT AUTHORITY


294 A.D.2d 173 (2002)

742 N.Y.S.2d 38

KAREN STRAUSS, Respondent, v. NEW YORK CITY TRANSIT AUTHORITY, Appellant, et al., Defendant.

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

Decided May 14, 2002.


There was evidence at trial of four or five inches of snow left on the ground from a snowfall two days before plaintiff's accident, a large and visible ice patch, and a clear section of sidewalk on which it was possible to walk around the ice patch. Plaintiff testified that she was looking straight ahead, not at the ground, as she approached the entrance to the subway station. The trial court exercised its discretion improvidently when it found that the jury's determination...

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