McDonald v Long Is. Rail Rd., 2010 NY Slip Op 07315 (App. Div., 2nd 2010)
Since a new trial on the issue of liability is required, we note that evidence of other gap-related accidents at Long Island Rail Road stations can only be properly admitted upon a showing that those accidents occurred under substantially the same conditions as the subject accident (see Hyde v County of Rensselaer, 51 NY2d 927, 929; Kane v Triborough Bridge & Tunnel Auth., 64 AD3d 544, 545). Contrary to the defendant's contention, however, the testimony elicited at the instant trial regarding its knowledge that "issues" existed regarding gaps between station platforms and train doors was not tantamount to the admission of testimony of prior accidents.
The bold is mine.
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