Glover v. New York City Trans. Auth

In Glover v. New York City Trans. Auth., 60 AD3d 587, 876 N.Y.S.2d 40 (1st Dept 2009), the plaintiff slipped in a gap between a train and subway platform. The First Department reversed a jury verdict and dismissed the complaint because the plaintiff failed to produce non-speculative evidence that the gap was greater than six inches. Id. In Glover, the plaintiff's testimony that her leg went into the gap above the knee, and that the circumference of her thigh measured just above the knee was more than 16 inches, was insufficient in of itself to raise an issue of fact as to whether the space between the train and the subway platform was greater than six inches at the time of the accident. 876 N.Y.S.2d at 41. The court held that additional reliable evidence, such as measurements of the gap, was necessary to defeat defendant's motion for summary judgment. Id.