HERNANDEZ v. ALSTOM TRANSPORTATION, INC.

2013-03915

130 A.D.3d 681 (2015)

13 N.Y.S.3d 232

2015 NY Slip Op 05911

VICTOR HERNANDEZ et al., Appellants, v. ALSTOM TRANSPORTATION, INC., et al., Defendants, and MATSUSHITA AVIONICS SYSTEMS CORPORATION et al., Respondents.

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

Decided July 8, 2015.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the motion of the defendants Matsushita Avionics Systems Corporation and Panasonic Avionics Corporation for summary judgment dismissing the complaint insofar as asserted against them is denied.

On August 20, 2009, at 2:45 a.m., the plaintiff Victor Hernandez (hereinafter Hernandez), a New York City Transit Authority (hereinafter NYCTA) train operator, was conducting

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