CHRISTIAN v. NEW YORK CITY TRANSIT AUTHORITY, 52 N.Y.2d 920 (1981)

419 N.E.2d 341, 437 N.Y.S.2d 663

DAVID CHRISTIAN, as Administrator of the Estate of DARRYL CHRISTIAN, Deceased, Appellant, v. NEW YORK CITY TRANSIT AUTHORITY, Respondent.

Court of Appeals of the State of New York.Argued January 8, 1981
Decided February 10, 1981

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, IRWIN M. SILBOWITZ, J.

Page 921

Frederic Lewis for appellant.

Steve S. Efron, Helen R. Cassidy and John A. Murray for respondent.

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

The judgment in favor of plaintiff was properly reversed and the complaint dismissed. As a matter of law there was insufficient evidence of any negligence on the part of the Transit Authority to permit the case to go to the jury.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur in memorandum.

Order affirmed.