MERCADO v. NEW YORK CITY TRANSIT AUTHORITY

21 301301/10

135 A.D.3d 619 (2016)

22 N.Y.S.3d 873

2016 NY Slip Op 00451

HECTOR MERCADO, Appellant, v. NEW YORK CITY TRANSIT AUTHORITY et al., Respondents.

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

Decided January 26, 2016.


Considered in the light most favorable to plaintiff, the evidence demonstrates that plaintiff's startled throwing up of his hands, extending the left hand into the space above the subway track, in reaction to the standard train horn sounded to alert platform occupants of the train's arrival, was an extraordinary, unforeseeable superseding act that broke the causal connection between the injury to plaintiff's wrist and any alleged negligence of defendants for not sounding...

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