New York City police officer Rosario Sebastiano sued the NYC Transit Authority after she fell down a subway station's stairs.
When a Bronx County Supreme Court jury found in Sebastiano's favor, the trial judge set aside the outcome and ordered a new trial, the parties' appealed.
Because the station was built in 1915, well before enactment of the relevant building and maintenance codes, the Appellate Division, First Department, thought the case had to be dismissed. Although the station was under renovation at the time of the accident, the officer didn't show (to the court's satisfaction) that the work triggered, or was subject to, those laws.
"Never need a reason, never need a rhyme ...."
To view a copy of the Appellate Division's decision, please use this link: Sebastiano v. New York City Tr. Auth.