Butler v New York City Tr. Auth.
2007 NY Slip Op 05151 [41 AD3d 173]
Decided on June 12, 2007
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.


Decided on June 12, 2007
Sullivan, J.P., Nardelli, Buckley, Catterson, Kavanagh, JJ.

1300
Index 18818/02

[*1]Michael H. Butler, Plaintiff-Appellant,

v

The New York City Transit Authority, Defendant-Respondent.





Baron Associates, P.C., Brooklyn (Seth M. Katz of counsel), for
appellant.
Wallace D. Gossett, Brooklyn (Lawrence A. Silver of counsel),
for respondent.

Order, Supreme Court, Bronx County (Kenneth L. Thompson, Jr., J.), entered on or about June 13, 2006, which, to the extent appealed from as limited by the brief, granted defendant's cross motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

There was no evidence of how plaintiff came to be on the subway tracks. Furthermore, defendant's standard request that plaintiff leave the train at the end of the line did not assume a special duty toward him, even though plaintiff appeared visibly intoxicated at the time (see Serrano v City of New York, 150 AD2d 297 [1989]; see also LaLonde v Hurteau, 239 AD2d 858 [1997], lv denied 90 NY2d 807 [1997]).

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: JUNE 12, 2007

CLERK