| Daniels v New York City Tr. Auth. |
| 2020 NY Slip Op 02027 [35 NY3d 938] |
| March 24, 2020 |
| Court of Appeals |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| As corrected through Wednesday, June 24, 2020 |
| Cheryl H. Daniels, Respondent, v New York City Transit Authority, Appellant. |
Decided March 24, 2020
Daniels v New York City Tr. Auth., 171 AD3d 601, reversed.
New York City Transit Law Department, Brooklyn (Harriet Wong and Lawrence Heisler of counsel), for appellant.
Pollack, Pollack, Isaac & DeCicco, LLP, New York (Brian J. Isaac of counsel), for respondent.
Memorandum.
[1, 2] On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order reversed, with costs, and a new trial ordered. In these circumstances, the trial court properly admitted plaintiff's expert testimony regarding nonmandatory gap standards promulgated by the American Public Transit Association and the Public Transportation Safety Board (see De Long v County of Erie, 60 NY2d 296, 307 [1983]). However, Supreme Court abused its discretion as a matter of law by admitting evidence of prior accidents at New York City subway stations involving the gap between the train car and platform in the absence of a showing that the relevant conditions of those accidents were substantially the same as plaintiff's accident (see Hyde v County of Rensselaer, 51 NY2d 927, 929 [1980]; Gilliard v Long Is. R.R. Co., 45 NY2d 996, 997 [1978]).
Concur: Chief Judge DiFiore and Judges Rivera, Stein, Fahey, Garcia, Wilson and Feinman.