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DANIELS v. NEW YORK CITY TRANSIT AUTHORITY

No. 51 SSM 1.

35 N.Y.3d 938 (2020)

146 N.E.3d 1160

124 N.Y.S.3d 1

2020 NY Slip Op 02027

CHERYL H. DANIELS, Respondent, v. NEW YORK CITY TRANSIT AUTHORITY, Appellant.

Court of Appeals of New York.

Decided March 24, 2020.

Attorney(s) appearing for the Case

New York City Transit Law Department, Brooklyn ( Harriet Wong and Lawrence Heisler of counsel), for appellant.

Pollack, Pollack, Isaac & DeCicco, LLP, New York ( Brian J. Isaac of counsel), for respondent.

OPINION OF THE COURT

MEMORANDUM.

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order reversed, with costs, and a new trial ordered. In these circumstances, the trial court properly admitted plaintiff's expert testimony regarding nonmandatory gap standards promulgated by the American Public Transit Association and the Public Transportation Safety Board (see De Long v County of Erie,

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