subway platform – Pospis Law, PLLC

January 21, 2014 by mjpospis

Questions Regarding Adequacy and Reasonableness of Subway Cleaning Schedule Result in Reinstatement of Slip-and-Fall Case

In Seleznyov v New York City Tr. Auth., the Appellate Division, First Department reversed summary judgment for, and reinstated plaintiff’s complaint against, defendants New York City Transit Authority and the City of New York. It held: NYCTA failed to establish entitlement to judgment as a matter of law, in this action where plaintiff was injured…

Citing Erroneous Jury Instruction on Constructive Notice, Court Orders New Liability Trial in Subway Slip/Fall Case

In a recent case, Harrison v. New York City Tr. Auth., the First Department clarified how juries must be instructed on the issue of constructive notice in a slip-and-fall case. There, the court reversed a judgment entered on a $500,000 jury verdict for plaintiff and ordered a new trial on liability. Plaintiff “slipped and fell on…