OBEY v. CITY OF NEW YORK

725, 106088/07.

142 A.D.3d 890 (2016)

37 N.Y.S.3d 527

ROBERT OBEY, Appellant, v. CITY OF NEW YORK, Defendant, and NEW YORK CITY TRANSIT AUTHORITY, Respondent.

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

Decided September 27, 2016.


Plaintiff was traveling from a methadone clinic in Manhattan, where he received treatment for his heroin addiction, to his shelter on Staten Island, when he slipped on the platform of the 33rd Street subway station, hit his head, fell onto the tracks, and was injured by a train. Plaintiff has no memory of the incident from the moment he slipped until after he was assisted by medical personnel. A psychologist who treated plaintiff two days after the accident testified, based...

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