ELAM v. NEW YORK TRANSIT AUTHORITY

Plaintiff was seriously injured as a result of a trip and fall on defendant's staircase located inside the 34th Street and Seventh Avenue IRT station. Apparently, plaintiff's right pump shoe became trapped on a step which had a detached metal plate which usually covers the concrete steps. The detached plate exposed an area of broken and crumbled concrete.

Contrary to defendant's argument, sufficient proof existed to establish a prima facie case of negligence against the public carrier (see, Lewis v. Metropolitan Transp. Auth., 99 A.D.2d 246, affd 64 N.Y.2d 670), and thus the jury's findings of fact will not be disturbed. Furthermore, we do not believe that the jury's award of damages deviates materially from what would be reasonable compensation (CPLR 5501 [c]). We have considered defendant's remaining arguments and find them to be without merit.

Concur — Carro, J.P., Rosenberger, Ellerin, Kassal and Rubin, JJ.