Zenteno v. MTA Long Island Rail Road
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Queens County (Hinds-Radix, J.), dated March 31, 2009, which granted the defendant’s motion for summary judgment dismissing the complaint.
Ordered that the order is affirmed, with costs.
The defendant demonstrated its prima facie entitlement to judgment as a matter of law by establishing that the plaintiff was reckless, and that his recklessness was the sole proximate cause of his injuries (see Wadhwa v Long Is. R.R., 13 AD3d 615 [2004]; Lassalle v New York City Tr. Auth., 11 AD3d…
2Cases cited6 opinions
- Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
- Feng v. Metropolitan Transportation AuthorityAppellate Division of the Supreme Court of the State of New York · 2001
- Brown v. Long Island Rail RoadAppellate Division of the Supreme Court of the State of New York · 2003
- Wadhwa v. Long Island Rail RoadAppellate Division of the Supreme Court of the State of New York · 2004
- Lassalle v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2004
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3Cited by1 opinion
- Weimar v. Metropolitan Transportation AuthorityAppellate Division of the Supreme Court of the State of New York · 2017