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MARTINEZ v. NYC TR. AUTH.

Index No. 153421/17. Appeal No. 14415-14416. Case Nos. 2020-03010, 2020-00342.

203 A.D.3d 87 (2022)

162 N.Y.S.3d 11

2022 NY Slip Op 00252

ARMANDO ANTONIO MARTINEZ, Respondent, v. NEW YORK CITY TRANSIT AUTHORITY et al., Appellants. ARMANDO ANTONIO MARTINEZ, Respondent-Appellant, v. NEW YORK CITY TRANSIT AUTHORITY et al., Appellants-Respondents.

Appellate Division of the Supreme Court of New York, First Department.

Decided January 13, 2022.

Attorney(s) appearing for the Case

Lawrence Heisler, Brooklyn (Harriet Wong and Anna J. Ervolina of counsel), for appellants/appellants-respondents.

Pollack, Pollack, Isaac & DeCicco, LLP, New York City (Brian J. Isaac of counsel), and Lipsig, Shapey, Manus & Moverman, P.C., New York City (Alan M. Shapey of counsel), for respondent/respondent-appellant.

GISCHE, J.P., WEBBER, MOULTON and PITT, JJ., concur.

OPINION OF THE COURT

Plaintiff was struck by a number 6 subway train after having fallen onto the tracks inside the Spring Street station. The train was traveling at a speed of 25 miles per hour when it entered the station. The operator applied the emergency brake when he first noticed plaintiff lying on the track approximately...

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