PISANO v. METROPOLITAN TRANSP. AUTH.

2018-09125. Index No. 150271/18.

191 A.D.3d 907 (2021)

142 N.Y.S.3d 575

2021 NY Slip Op 01077

Robert Pisano, Jr., Respondent, v. Metropolitan Transportation Authority et al., Appellants.

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

Decided February 17, 2021.


Attorney(s) appearing for the Case

Lawrence Heisler , Brooklyn, NY ( Harriet Wong of counsel), for appellants.

Chelli & Bush (Arnold E. DiJoseph, P.C., New York, NY [ Arnold E. DiJoseph III ], of counsel), for respondent.

Dillon, J.P., Chambers, LaSalle and Iannacci, JJ., concur.


Ordered that the order is affirmed, with costs.

In the early morning of November 24, 2016, the plaintiff entered the platform at the Bay Terrace Staten Island Railroad station and fell onto the tracks. Before he could either remove himself from the tracks or be rescued, he was struck by a train, suffering severe physical injuries. Portions of the accident were captured on surveillance video.

The Supreme Court granted the plaintiff leave to serve a late notice...

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