TZILIANOS v. NEW YORK CITY TRANSIT AUTHORITY

6018, 102570/07

91 A.D.3d 435 (2012)

936 N.Y.S.2d 159

2012 NY Slip Op 26

GERASIMOS TZILIANOS, Appellant, v. NEW YORK CITY TRANSIT AUTHORITY, Respondent.

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

Decided January 5, 2012.


Plaintiff allegedly sustained personal injuries when he fell while exiting a train at the 59th Street subway station. Defendant argued that the measurements of the horizontal and vertical gaps between the train and the platform did not exceed the six-inch maximum standard set forth in its internal operating rules, and thus, it was not negligent, as a matter of law. Defendant failed to establish either that compliance with its six-inch gap standard proves that it was not negligent...

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