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SOTO v. NEW YORK CITY TR AUTH

6 N.Y.3d 487 (2006)

846 N.E.2d 1211

813 N.Y.S.2d 701

JUAN ALEJANDRO SOTO, Respondent, v. NEW YORK CITY TRANSIT AUTHORITY, Appellant, et al., Defendant.

Court of Appeals of the State of New York.

Decided March 23, 2006.

Attorney(s) appearing for the Case

Lawrence Heisler, Brooklyn, and Wallace D. Gossett for appellant.

Pollack, Pollack, Isaac & De Cicco, New York City (Brian J. Isaac and Julie T. Mark of counsel), and Lipsig, Shapey, Manus & Moverman, P.C., Fulton (Alan M. Shapey of counsel), for respondent.

Chief Judge KAYE and Judges G.B. SMITH and READ concur with Judge CIPARICK; Judge R.S. SMITH dissents and votes to reverse in a separate opinion in which Judges ROSENBLATT and GRAFFEO concur.

OPINION OF THE COURT

CIPARICK, J.

The question presented by this appeal is whether plaintiff's reckless behavior was of such a nature as to constitute the sole legal cause of his injuries, vitiating the duty of care of a train operator. We conclude under the circumstances of this case that it was not, and that the evidence was sufficient to support the verdict. We further conclude that plaintiff's estimate of his own running speed at the time of the accident...

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