SANCHEZ v. NEW YORK CITY TRANSIT AUTHORITY

4039. 304528/11.

151 A.D.3d 564 (2017)

2017 NY Slip Op 04899

54 N.Y.S.3d 280

NELSON SANCHEZ, Appellant, v. NEW YORK CITY TRANSIT AUTHORITY, Respondent.

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

Decided June 15, 2017.


In this action for personal injuries, plaintiff alleges that he fell while descending a covered and unlit exterior subway staircase owned by defendant. The jury found that defendant was negligent in its maintenance of the lighting on the staircase, that defendant's negligence was a substantial factor in causing plaintiff's injuries, and that plaintiff was not negligent.

The trial court erred in setting aside as against the weight of the evidence the jury's finding...

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