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Serfaty v. New York City Transit Authority

Appellate Division of the Supreme Court of New York, Second Department
Oct 26, 1998
254 A.D.2d 476 (N.Y. App. Div. 1998)

Opinion

October 26, 1998

Appeal from the Supreme Court, Queens County (Posner, J.).


Ordered that the order is reversed, on the law, with costs, the defendant's motion for summary judgment is granted, and the complaint is dismissed.

The injured plaintiff sustained serious physical injuries as a result of being struck by a subway train. The injured plaintiff has no recollection of how the accident occurred, and the only evidence of causation is that provided by the motorman of the train, who observed the injured plaintiff dart out from behind a column directly in front of the moving train. The record conclusively demonstrates that the accident was unavoidable and that no negligence may be attributed to the motorman. Accordingly, the defendant demonstrated its entitlement to judgment as a matter of law ( see, Winegrad v. New York Univ. Med. Ctr., 64 N.Y.2d 851). The speculative and wholly conclusory opinion of the plaintiffs' expert witness was insufficient to give rise to an issue of fact as to the defendant's negligence ( see, Abdullah v. City of New York, 203 A.D.2d 397). Therefore, the defendant's motion is granted.

Bracken, J. P., Miller, O'Brien and Santucci, JJ., concur.


Summaries of

Serfaty v. New York City Transit Authority

Appellate Division of the Supreme Court of New York, Second Department
Oct 26, 1998
254 A.D.2d 476 (N.Y. App. Div. 1998)
Case details for

Serfaty v. New York City Transit Authority

Case Details

Full title:ALICE SERFATY, Individually and as Mother and Natural Guardian of ARIEL…

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

Date published: Oct 26, 1998

Citations

254 A.D.2d 476 (N.Y. App. Div. 1998)
679 N.Y.S.2d 629