Serfaty v. New York City Transit Authority

In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Queens County (Posner, J.), dated September 8, 1997, which denied its motion for summary judgment dismissing the complaint.

Ordered that the order is reversed, on the law, with costs, the defendant’s motion for summary judgment is granted, and the complaint is dismissed.

The injured plaintiff sustained serious physical injuries as a result of being struck by a subway train. The injured plaintiff has no recollection of how the accident occurred, and the only evidence of causation is…