Opinion
May 22, 1995
Appeal from the Supreme Court, Kings County (Vinik, J.).
Ordered that the judgment is affirmed, without costs or disbursements.
The evidence at trial showed that the plaintiff was dragged approximately 1 1/2 subway-car lengths by the defendant's train after his foot became stuck between the closing doors as he attempted to exit the subway car. A fair interpretation of the evidence supports the jury's determination that the defendant was negligent in failing to install a mirror at the particular train station on or before the date of the plaintiff's accident to permit the conductor to see around the curved platform to the portion of the last car where the accident occurred (see, Delgado v Board of Educ., 65 A.D.2d 547, affd 48 N.Y.2d 643; see also, Frangello v Namm, 157 A.D.2d 649; cf., Nicastro v Park, 113 A.D.2d 129, 134). Further, the issue of proximate cause was a question for the jury, and there is no reason to disturb its determination that the defendant's negligence contributed to the accident (see, Nowlin v City of New York, 81 N.Y.2d 81, 89; see also, Rios v Theodore, 213 A.D.2d 617).
In his brief, the plaintiff argues that the judgment should be affirmed. Thus, he has abandoned his claim that the jury erred when it found that he was 40% at fault in the happening of the accident.
In light of our determination, we do not reach the parties' remaining contentions. Bracken, J.P., Pizzuto, Santucci and Friedmann, JJ., concur.