Delgiudice v. Metropolitan Transportation Authority

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Nassau County (Davis, J.), dated June 28, 2005, which granted the motion of the defendant Long Island Rail Road for summary judgment dismissing the complaint insofar as asserted against it.

Ordered that the order is affirmed, with costs.

The plaintiff allegedly was injured when the double-decker train on which she was a passenger “jerked,” causing her to fall down several steps as she was descending from the upper level to the lower level. “To establish a prima facie case of…