Ammirati v. New York City Transit Authority

OPINION OF THE COURT

Charles H. Cohen, J.

Defendant has made a motion “for an order pursuant to CPLR 3212 granting summary judgment dismissing this suit”.

This is a negligence action brought by plaintiff, a passenger on defendant’s subway train, to recover damages from defendant for personal injuries which he suffered when he was struck by a rock thrown through a window of the subway train. In his complaint, plaintiff alleges that defendant was negligent as follows: “That the negligence of the defendant, its agents, servants, and/or employees, consisted in failing to properly and adequately…