DELEON v. NEW YORK CITY TRANSIT AUTHORITY


305 A.D.2d 227 (2003)

759 N.Y.S.2d 465

GERMAN DELEON, Appellant, v. NEW YORK CITY TRANSIT AUTHORITY, Respondent.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided May 15, 2003.


Plaintiff intends to show through expert testimony that the train should have entered the station at a speed of 20 miles per hour or less, rather than at 28 miles per hour as the motorman testified. Defendant argues that its speed policy decisions are entitled to a qualified immunity, and submits the affidavit of a member of its Speed Policy Committee to the effect that, based upon the Committee's regular review of appropriate train speed for all segments of track, defendant...

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