| Canel v New York City Tr. Auth. |
| 2022 NY Slip Op 00396 [201 AD3d 862] |
| January 26, 2022 |
| Appellate Division, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Edgar Canel, Appellant, v New York City Transit Authority et al., Respondents, et al., Defendants. |
Sanders, Sanders, Block, Woycik, Viener & Grossman, P.C., Mineola, NY (Mark R. Bernstein of counsel), for appellant.
Anna J. Ervolina, Brooklyn, NY, for respondents.
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Reginald A. Boddie, J.), dated April 5, 2019. The order, insofar as appealed from, granted that branch of the motion of the defendants New York City Transit Authority and Metropolitan Transportation Authority which was for summary judgment dismissing the complaint insofar as asserted against them.
Ordered that the order is affirmed insofar as appealed from, with costs.
The plaintiff alleges that he was injured when he was struck by a southbound Q subway train at the Kings Highway train station. He commenced this action against, among others, the defendants New York City Transit Authority and Metropolitan Transit Authority (hereinafter together the defendants). Thereafter, the defendants moved, inter alia, for summary judgment dismissing the complaint insofar as asserted against them. In an order dated April 5, 2019, the Supreme Court, inter alia, granted that branch of the defendants' motion. The plaintiff appeals.
" '[A] train operator may be found negligent if he or she sees a person on the tracks
from such a distance and under such other circumstances as to permit him [or her], in the
exercise of reasonable care, to stop before striking the person' " (Neenan v Quinton, 110 AD3d 967,
968 [2013], quoting Soto v New York
City Tr. Auth., 6 NY3d 487, 493 [2006] [internal quotation marks omitted]; see Briceno v Beau Maison Corp., 190
AD3d 813, 814 [2021]). Here, in support of their motion, the defendants submitted, among
other things, a transcript of the train operator's deposition testimony. The operator testified that
the train was approximately 3
[*2] Accordingly, the Supreme Court properly granted that branch of the defendants' motion which was for summary judgment dismissing the complaint insofar as asserted against them. Connolly, J.P., Hinds-Radix, Miller and Genovesi, JJ., concur.