Yvonne Heyward

In a wrongful death action, the appeal is from a judgment of the Supreme Court, Queens County entered November 15, 1979, which, upon a jury verdict, was in favor of the plaintiff inthe net principal sum of $70,000 after apportioning liability, 70% against the defendant and 30% against the plaintiff. Judgment reversed, on the law and the facts, withcosts, and complaint dismissed. At about 10:00 p.m. on February 27, 1976, a Manhattan bound "E" subway train left its terminal at 179th Street in Jamaica, Queens. Several minutes later as it entered the 75th Avenue station, which is the fifth local stop on the Queens Boulevard IND line, the train suddenly came to an emergency stop.