State of New York
Court of Appeals
This memorandum is uncorrected and subject to
revision before publication in the New York Reports.
No. 51 SSM 1
Cheryl H. Daniels,
Respondent,
v.
New York City Transit
Authority,
Appellant.
Submitted by Harriet Wong, for appellant.
Submitted by Brian J. Isaac, for respondent.
* * * * * * * * * * * * * * * * *
On review of submissions pursuant to section 500.11 of the Rules, order reversed, with
costs, and a new trial ordered. In these circumstances, the trial court properly admitted
plaintiff’s expert testimony regarding non-mandatory 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]). Chief Judge DiFiore and Judges Rivera,
Stein, Fahey, Garcia, Wilson and Feinman concur.
Decided March 24, 2020