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RODRIGUEZ v. NEW YORK CITY TRANSIT AUTHORITY

9302, 161282/17.

172 A.D.3d 508 (2019)

99 N.Y.S.3d 314

2019 NY Slip Op 03733

Jenny Rodriguez, Respondent, v. New York City Transit Authority et al., Appellants, et al., Defendant.

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

Decided May 14, 2019.

It is well settled that a defendant is not liable where he or she is faced with a sudden and unforeseen occurrence that was not of his or her own making and presents sufficient evidence to support the reasonableness of his or her actions (see Rivera v New York City Tr. Auth., 77 N.Y.2d 322, 327 [1991]; Ward v Cox, 38 A.D.3d 313 [1st Dept 2007]). Here, defendants established their entitlement...

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