PEMBERTON v. NEW YORK CITY TRANSIT AUTHORITY


304 A.D.2d 340 (2003)

758 N.Y.S.2d 29

RICHARD PEMBERTON, Appellant, v. NEW YORK CITY TRANSIT AUTHORITY, Respondent.

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

Decided April 3, 2003.


This personal injury action against the Transit Authority is based on an incident that occurred on February 23, 1999 at approximately 7:20 P.M. at the 14th Street, Union Square subway station. Plaintiff, a 43-year-old male, five feet, eight inches tall and weighing 205 pounds, wearing a size nine shoe, was returning home from work, accompanied by a coworker, on the number 4 northbound express train. Plaintiff was standing alongside the third door of the first car, which was...

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