Strauss v. New York City Transit Authority
Cases that cite this one
3 later published cases cite this decision.
- Robinson v. United States (District Court, W.D. New York 2004)
- Conley v. City of New York (Appellate Division of the Supreme Court of New York 2007)
- Gayle v. Port Authority of New York & New Jersey (Appellate Division of the Supreme Court of New York 2004)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
—Order, Supreme Court, Bronx County (George Friedman, J.), entered May 8, 2001, which, to the extent appealed from as limited by defendant’s brief, granted plaintiffs motion to set aside the jury’s finding that she was 40% comparatively negligent, and ordered a new trial on the issue of apportionment unless defendant agreed to reduce plaintiffs portion to 5% unanimously reversed, on the facts, without costs, the motion denied and the jury’s verdict reinstated.
There was evidence at trial of four or five inches of snow left on the ground from a snowfall two days before plaintiffs accident, a large and visible ice patch, and a clear section of sidewalk on which it was possible to walk around the ice patch. Plaintiff testified that she was looking straight ahead, not at the ground, as she approached the entrance to the subway station. The trial court exercised its discretion improvidently when it found that the jury’s determination of 40% liability against plaintiff could not have been reached on any fair interpretation of the evidence (see, Nicastro v Park, 113 AD2d 129, 134). Concur—Andrias, J.P., Buckley, Sullivan, Ellerin and Lerner, JJ.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.