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STANLEY v. NEW YORK CITY TRANSIT AUTHORITY

45 A.D.3d 832 (2007)

847 N.Y.S.2d 111

MICHAEL STANLEY, Respondent, v. NEW YORK CITY TRANSIT AUTHORITY, Appellant.

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

Decided November 27, 2007.

Ordered that the order is affirmed, with costs.

The plaintiff allegedly became ill, blacked out, fell onto the tracks of an elevated subway station in Brooklyn, and was struck by a train entering the station.

The defendant met its initial burden on its motion for summary judgment dismissing the complaint by submitting evidence sufficient to demonstrate, prima facie, that the train operator could not have stopped the train in time to avoid the accident (

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