Flynn v. New York City Transit Authority

Order, Supreme Court, New York County (Robert Lippman, J.), entered May 23, 2001, which, in an action for personal injuries sustained in a firebombing of a subway train, granted defendant Transit Authority’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

On a prior appeal herein (Lee v New York City Tr. Auth., 249 AD2d 93, lv dismissed in part and denied in part 92 NY2d 944), this Court affirmed the dismissal of all of the passengers’ claims, except for plaintiffs, on the ground that, unlike Crosland v New York City Tr. Auth. (68 NY2d 165), their…