# Lewis v. Metropolitan Transportation Authority

> Appellate Division of the Supreme Court of the State of New York · February 28, 1984 · 99 A.D.2d 246

URL: https://www.frixlaw.com/law-library/cases/5865992

## Case

- **Full name:** Evelina Lewis v. Metropolitan Transportation Authority
- **Court:** Appellate Division of the Supreme Court of the State of New York
- **Decided:** February 28, 1984
- **Citations:** 99 A.D.2d 246; 472 N.Y.S.2d 368; 1984 N.Y. App. Div. LEXIS 16546
- **Precedential status:** Published
- **Opinion:** Concurrence by Fein
- **Judges:** Fein, Kassal
- **Cited by:** 111 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5865992

## Opinion text

Fein, J. (concurring).
I concur in result only, solely upon the ground that the evidence is insufficient upon which to find that the defendant created or had the requisite actual or constructive notice of the presence of the alleged slippery or foreign substance on the station platform (Donohoe v Great Atlantic & Pacific Tea Co., 277 App Div 739 , 741; Boettcher v Dowling, 243 App Div 397 , affd 270 NY 557 ), or that because of plaintiff’s alleged obesity she requested or required assistance in boarding the train. (See Sheridan v Brooklyn City & Newtown R. R. Co., 36 NY 39 .)
Ross and Carro, JJ., concur with Kassal, J.; Sandler, J. P., and Fein, J., concur in an opinion by Fein, J.
Judgment, Supreme Court, Bronx County, entered on November 23, 1982, unanimously reversed, on the law, without costs and disbursements, and the complaint dismissed.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5865992. Public record. Not legal advice.