Linhart v. Rojas

Order, Supreme Court, New York County (Michael D. Stall-man, J.), entered June 2, 2016, which denied defendant New York City Transit Authority’s (NYCTA) motion for summary judgment dismissing the complaint as against it, unanimously affirmed, without costs.

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 the negligent operation of the train in traveling at an excessive speed…