Appellate Division of the Supreme Court of New York, 1959

Buccanon v. New York City Transit Authority

Buccanon v. New York City Transit Authority
Appellate Division of the Supreme Court of New York · Decided January 12, 1959
7 A.D.2d 853; 182 N.Y.S.2d 346; 1959 N.Y. App. Div. LEXIS 10341
Buccanon v. New York City Transit Authority

Opinion of the Court

In an action to recover damages for personal injuries resulting from a fall from the platform to the tracks in a subway station, the trial court set aside a verdict in favor of plaintiff Rose Buccanon and directed a verdict in favor of defendant. The appeal is from the judgment entered thereon. Judgment affirmed, without costs. No opinion. Beldoek, Murphy and Hallman, JJ., concur; Nolan, P. J., and Kleinfeld, J., dissent and vote to reverse the judgment and to grant a new trial on the ground that the evidence was sufficient to create an issue of fact for determination by the jury.

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