Kitt v. New York City Transit Authority

Appellate Division of the Supreme Court of New York

Kitt v. New York City Transit Authority

26 A.D.3d 301, 810 N.Y.S.2d 157

CourtAppellate Division of the Supreme Court of the State of New York

DecidedFebruary 28, 2006

StatusPublished

This text of 26 A.D.3d 301 (Kitt v. New York City Transit Authority) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Kitt v. New York City Transit Authority, 26 A.D.3d 301, 810 N.Y.S.2d 157 (N.Y. Ct. App. 2006).

Pincite

Opinion

Order, Supreme Court, New York County (Robert D. Lippmann, J.), entered January 31, 2005, which granted defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, with costs.

Instead of waiting to enter the train through the doors from the crowded subway platform, plaintiff attempted to squeeze through the spring-loaded gate between the cars, and was injured in the process. The court properly found plaintiffs reckless conduct was unforeseeable and was the proximate cause of this accident (see Lassalle v New York City Tr. Auth., 11 AD3d 661 [2004]). Concur—Tom, J.P., Mazzarelli, Sullivan, Sweeny and Malone, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Order, Supreme Court, New York County (Robert D. Lippmann, J.), entered January 31, 2005, which granted defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, with costs.

Instead of waiting to enter the train through the doors from the crowded subway platform, plaintiff attempted to squeeze through the spring-loaded gate between the cars, and was injured in the process. The court properly found plaintiffs reckless conduct was unforeseeable and was the proximate cause of this accident (see Lassalle v New York City Tr. Auth., 11 AD3d 661 [2004]). Concur—Tom, J.P., Mazzarelli, Sullivan, Sweeny and Malone, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

26 A.D.3d 301, 810 N.Y.S.2d 157, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kitt-v-new-york-city-transit-authority-nyappdiv-2006.

Opinion

Related

Cite This Page — Counsel Stack