Saborido-Calvo v. New York City Transit Authority

Order, Supreme Court, Bronx County (Betty Owen Stinson, J.), entered on or about May 5, 2003, which granted defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

In this action for personal injuries sustained when plaintiff landed on an elevated subway track and was hit by a train, the only issue presented on appeal is whether the train operator was negligent in operating the train. The affidavit of plaintiffs expert provides nothing more than pure speculation, unsupported by reference to any facts in the record or personal observations to…