Deborah Murphy sued the New York City Transit Authority (NYCTA) after she fell down a station's flight of stairs.
Even though an engineer thought the stairs' tread violated the New York State Building Code, Deborah's claim that the fall was due to NYCTA's negligence was viewed as "speculative" at best.
Because there was no evidence the condition in question actually caused Murphy's fall, or that it existed at the time of the accident (nearly 2½ years earlier), the Appellate Division, Second Department, thought the case had been properly dismissed.
Should she have stepped it up?
To view a copy of the Appellate Division's decision, please use this link: Murphy v. New York City Tr. Auth.