LINHART v. ROJAS

4593, 111627/11.

154 A.D.3d 440 (2017)

60 N.Y.S.3d 820

2017 NY Slip Op 06980

UTE LINHART, Respondent, v. JOSE ROJAS et al., Defendants, and NEW YORK CITY TRANSIT AUTHORITY, Appellant.

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

Decided October 5, 2017.


Plaintiff's notice of claim and complaint, as amplified by her bill of particulars, asserted claims against defendant NYCTA for failing to provide proper security, failing to prevent the assault by defendant Jose Rojas, who pushed plaintiff into an oncoming train, and the negligent operation of the train in traveling at an excessive speed and failing to bring the train to a stop before it struck plaintiff. While NYCTA addressed the security and assault issues in its motion...

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