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MACARENO v. NEW YORK CITY TR. AUTH.

2020-03912, Index No. 710566/17.

206 A.D.3d 642 (2022)

169 N.Y.S.3d 669

2022 NY Slip Op 03507

Felipe Macareno, Plaintiff, and Dennis Rosales, Appellant, v. New York City Transit Authority et al., Respondents, et al., Defendant.

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

Decided June 1, 2022.

Attorney(s) appearing for the Case

William Schwitzer & Associates, P.C., New York, NY (Howard R. Cohen and D. Allen Zachary of counsel), for appellant.

Anna J. Ervolina, Brooklyn, NY (Timothy J. O'Shaughnessy of counsel), for respondents.

Dillon, J.P., Roman, Maltese and Genovesi, JJ., concur.

Ordered that the order is affirmed, with costs.

On the evening of March 13, 2017, Dennis Rosales (hereinafter the plaintiff), while walking on the northbound subway platform at the 82nd Street and Roosevelt Avenue subway station in Queens, allegedly slipped and fell from the platform onto the tracks and was struck by an oncoming train. Felipe Macareno was also present on the platform and unsuccessfully attempted to rescue the plaintiff. As a result of the incident...

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