Zambrana v. New York City Transit Authority

OPINION OF THE COURT

Buckley, P.J.

This is a personal injury action in which plaintiffs seek damages resulting from Mrs. Zambrana’s fall between two subway cars onto tracks where she was run over by a train. While the notice of claim informed defendant, the New York City Transit Authority (TA), that its liability was specifically based on ignoring Mrs. Zambrana’s pleas to stop the train or failing to properly check the tracks, the IAS court denied TA’s motion for summary judgment to dismiss based on either TA’s failure to equip its subway trains with securely fastened accordion gates or better…