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Motto v. New York City Transit Authority

Appellate Division of the Supreme Court of New York, First Department
Dec 16, 2004
13 A.D.3d 170 (N.Y. App. Div. 2004)

Opinion

4079

December 16, 2004.

Order, Supreme Court, New York County (Robert D. Lippmann, J.), entered November 28, 2003, which granted defendant's motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Before: Buckley, P.J., Lerner, Friedman, Sweeny and Catterson, JJ.


Although there were no witnesses to the accident, the circumstantial evidence indicates that plaintiff's decedent died when he fell from between cars of a moving subway train. Although plaintiff attributes the decedent's fall to defendant's failure to take adequate safety precautions to protect passengers moving between cars, the cause of the decedent's fall is on this record a matter for pure speculation and, accordingly, no triable issue has been raised as to whether responsibility for the fall and its sequelae may be placed upon defendant or its employees ( see Thomas v. New York City Tr. Auth., 194 AD2d 663, 664).


Summaries of

Motto v. New York City Transit Authority

Appellate Division of the Supreme Court of New York, First Department
Dec 16, 2004
13 A.D.3d 170 (N.Y. App. Div. 2004)
Case details for

Motto v. New York City Transit Authority

Case Details

Full title:KATHLEEN MOTTO, Appellant, v. NEW YORK CITY TRANSIT AUTHORITY, Respondent

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

Date published: Dec 16, 2004

Citations

13 A.D.3d 170 (N.Y. App. Div. 2004)
785 N.Y.S.2d 917

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