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HAN v. NEW YORK CITY TR. AUTH.

Index Nos. 152872/13, 595681/16. Appeal No. 14902. Case No. 2021-00486.

200 A.D.3d 610 (2021)

155 N.Y.S.3d 772

2021 NY Slip Op 07512

Ashley Han et al., Plaintiffs, v. New York City Transit Authority, Defendant/Third-Party Plaintiff-Respondent. Naeem Davis, Third-Party Defendant-Appellant.

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

Decided December 28, 2021.

Attorney(s) appearing for the Case

Kramer Levin Naftalis & Frankel LLP, New York ( Boaz I. Cohen of counsel), for appellant.

Anna J. Ervolina , Brooklyn ( Timothy J. O'Shaughnessy of counsel), for respondent.

Concur—Kern, J.P., Moulton, Mendez, Shulman, Higgitt, JJ.

The motion court correctly found that the third-party complaint states a cause of action by alleging that if New York City Transit Authority (NYCTA) is found liable to plaintiffs, it will be entitled to indemnification or contribution from Davis because Davis pushed plaintiff's decedent onto the subway tracks where the decedent was hit by a train, and thus Davis's act was a proximate cause of the accident. Given the difference...

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