ALEXOPOULOS v. METROPOLITAN TRANSPORTATION AUTHORITY


41 A.D.3d 171 (2007)

838 N.Y.S.2d 50

LANIE ALEXOPOULOS, as Administratrix of the Estate of JOHN P. ALEXOPOULOS, Deceased, Respondent, v. METROPOLITAN TRANSPORTATION AUTHORITY et al., Appellants.

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

Decided June 12, 2007.


Plaintiff's decedent was killed during the morning rush hour on March 13, 2003, when he fell off the platform and onto the subway track at the Lexington—53rd Street subway station. The cause of action for wrongful death was predicated on defendant's alleged negligence in permitting dangerous overcrowding in the station and failing to take measures to reduce the overcrowding on the platform.

Plaintiff failed to establish that the platform was so crowded on the...

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