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COHEN v. CITY OF NEW YORK

Nos. 7275, 16471/04.

94 A.D.3d 450 (2012)

941 N.Y.S.2d 590

2012 NY Slip Op 2568

ELISA COHEN et al., Respondents, v. CITY OF NEW YORK, Defendant, and NEW YORK CITY TRANSIT AUTHORITY et al., Appellants.

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

Decided April 5, 2012.

Plaintiff Elisa Cohen claims that she fell and injured herself when the subway car that she had just boarded departed the station in an allegedly sudden manner. Defendants moved for summary judgment, arguing that plaintiff failed to demonstrate that the train jerked or lurched in an "unusual and violent" manner (Harwin v Metropolitan Transp. Auth., 45 A.D.3d 488, 489 [2007]). Defendants established their entitlement to judgment as...

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