Alexopoulos v. Metropolitan Transportation Authority

Order, Supreme Court, New York County (Donna M. Mills, J.), entered February 8, 2007, which denied defendants’ motion for summary judgment dismissing the complaint, unanimously *172reversed, on the law, without costs, the motion granted and the complaint dismissed. The Clerk is directed to enter judgment accordingly.

Plaintiffs decedent was killed during the morning rush hour on March 13, 2003, when he fell off the platform and onto the subway track at the Lexington—53rd Street subway station. The cause of action for wrongful death was predicated on defendant’s alleged negligence in permitting…