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KIM v. NEW YORK CITY TRANSIT AUTHORITY

27 A.D.3d 332 (2006)

812 N.Y.S.2d 485

SEONG SIL KIM et al., Respondents, v. NEW YORK CITY TRANSIT AUTHORITY, Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

March 23, 2006.

On May 3, 2000, at 9:19 P.M., defendant New York City Transit Authority (NYCTA) received a call relayed by a 911 operator from a person who had been a passenger on a southbound A train. This passenger claimed to have seen a person on the southbound local tracks at 34th Street and 8th Avenue. However, he did not call 911 until arriving at an unidentified station in Brooklyn where he exited the train. Assuming that he called from...

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