subway accidents – Pospis Law, PLLC

October 11, 2017 by mjpospis

Subway-Push Lawsuit Against NYC Transit Authority Survives Summary Judgment

From Linhart v. Rojas, 2017 NY Slip Op 06980 (App. Div. 1st Dept. Oct. 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…

Court Dismisses Subway Overcrowding Death Lawsuit

In Garcia v. New York City Transit Authority, the Appellate Division, Second Department held that the trial court should have granted the Transit Authority’s CPLR 4401 motion for judgment as a matter of law on the issue of liability. Here are the facts: At approximately 9:50 a.m. on May 22, 2006, the plaintiff’s decedent fell…