Instead of waiting to enter the train through the doors from the crowded subway platform, plaintiff attempted to squeeze through the spring-loaded gate between the cars, and was injured in the process. The court properly found plaintiff's reckless conduct was unforeseeable and was the proximate cause of this accident (see Lassalle v. New York City Tr. Auth.,
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KITT v. NEW YORK CITY TRANSIT AUTHORITY
26 A.D.3d 301 (2006)
810 N.Y.S.2d 157
EUGENE KITT, Appellant, et al., Plaintiff, v. NEW YORK CITY TRANSIT AUTHORITY, Respondent.
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
February 28, 2006.
February 28, 2006.
Appellate Division of the Supreme Court of the State of New York, First Department.
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