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SANTIAGO v. NEW YORK CITY TRANSIT AUTHORITY

309 A.D.2d 847 (2003)

766 N.Y.S.2d 69

JUAN SANTIAGO, Appellant, v. NEW YORK CITY TRANSIT AUTHORITY, Respondent.

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

Decided October 20, 2003.

Ordered that the order is affirmed, with costs.

The plaintiff commenced this action against the defendant New York City Transit Authority (hereinafter the NYCTA) after he sustained a traumatic amputation of his legs when he was struck by a subway train in the Prospect Avenue Station in Brooklyn. The first trial in this action resulted in a judgment which, upon a jury verdict, found him 40% at fault, and the NYCTA 60% percent...

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