MOTTO v. NEW YORK CITY TRANSIT AUTHORITY


13 A.D.3d 170 (2004)

785 N.Y.S.2d 917

KATHLEEN MOTTO, Appellant, v. NEW YORK CITY TRANSIT AUTHORITY, Respondent.

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

December 16, 2004.


Although there were no witnesses to the accident, the circumstantial evidence indicates that plaintiff's decedent died when he fell from between cars of a moving subway train. Although plaintiff attributes the decedent's fall to defendant's failure to take adequate safety precautions to protect passengers moving between cars, the cause of the decedent's fall is on this record a matter for pure speculation and, accordingly, no triable issue has been raised as to whether responsibility...

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