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SINYUTS v. NEW YORK CITY TRANSIT AUTHORITY

38 A.D.3d 522 (2007)

831 N.Y.S.2d 499

VIKTOR SINYUTS et al., Respondents, v. NEW YORK CITY TRANSIT AUTHORITY, Appellant.

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

Decided March 6, 2007.

Ordered that the order is affirmed, with costs.

The plaintiff Viktor Sinyuts sustained serious personal injuries, requiring the amputation of his right leg, when he was struck by a subway train as he lay on the tracks of the "N" line in Brooklyn, which, at the subject location, runs in an exposed trench below street level. He and his wife commenced the present action, alleging, inter alia, that the motorman's failure to stop the train in time to avoid the accident...

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