JACKSON v. CITY OF NEW YORK

5408, 13313/96.

85 A.D.3d 685 (2011)

926 N.Y.S.2d 487

2011 NY Slip Op 5627

HOWARD JACKSON, Individually, as Administrator of the Estate of BENITA M. WILLIAMS SMITH, Deceased, and as Guardian of the Persons of JAMES WILLIAMS and Another, Infants, Respondent, v. CITY OF NEW YORK et al., Defendants, and NEW YORK CITY TRANSIT AUTHORITY et al., Appellants.

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

Decided June 30, 2011.


The decedent, a Transit Authority worker, was shot and killed by her estranged husband while she was in a restricted employee-only locker room located in a subway station. Plaintiff alleges that Transit Authority employees' negligence in directing the husband, a nonemployee, to the employees-only area without ascertaining his identity, violated a work policy prohibiting employees from giving out such information. Plaintiff also asserts that the Transit Authority's failure...

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