Barksdale v. New York City Transit Authority

—Order, Supreme Court, Bronx County (Douglas McKeon, J.), entered July 22, 1998, which denied plaintiff’s motion to vacate the court’s Order to Show Cause, signed March 24, 1998, and granted defendant’s post-mistrial motion for summary judgment, brought by the same order to show cause, unanimously reversed, on the law, without costs, the complaint reinstated and the matter remanded for a new trial.

Plaintiff’s decedent died when she fell from a moving subway train in an attempt to change cars. Plaintiff alleged in her Notice of Claim to the New York City Transit Authority, dated *44September 4,…