Black v. New York City Transit Authority

On July 13, 2004 the plaintiff Leston Black allegedly fell onto the tracks of a subway station in Brooklyn, and was struck by a train entering the station.

The defendants met their initial burden on their motion for summary judgment dismissing the complaint by submitting evidence sufficient to demonstrate, prima facie, that the defendant *696train operator could not have stopped the train in time to avoid the accident (see Stanley v New York City Tr. Auth., 45 AD3d 832, 833 [2007]; see also Alvarez v Prospect Hosp., 68 NY2d 320, 324 [1986]). In opposition, however, the plaintiffs submitted…