BLACK v. NEW YORK CITY TRANSIT AUTHORITY

2008-07359

68 A.D.3d 695 (2009)

2009 NY Slip Op 8981

888 N.Y.S.2d 913

LESTON BLACK et al., Respondents, v. NEW YORK CITY TRANSIT AUTHORITY et al., Appellants.

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

Decided December 1, 2009.


Ordered that the order is affirmed, with costs.

On July 13, 2004 the plaintiff Leston Black allegedly fell onto the tracks of a subway station in Brooklyn, and was struck by a train entering the station.

The defendants met their initial burden on their motion for summary judgment dismissing the complaint by submitting evidence sufficient to demonstrate, prima facie, that the defendant train operator could not have...

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