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DELGIUDICE v. METROPOLITAN TRAN

Appellate Division of the Supreme Court of New York, Second Department.
Jan 16, 2007
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Ordered that the order is affirmed, with costs.

The plaintiff allegedly was injured when the double-decker train on which she was a passenger "jerked," causing her to fall down several steps as she was descending from the upper level to the lower level. `To establish a prima facie case of negligence against a common carrier for injuries sustained by a passenger when the vehicle comes to a halt, the plaintiff must establish that the stop caused a jerk or lurch that was unusual and violent" ( Urquhart v New York City Tr. Auth., 85 NY2d 828, 829-830). At her deposition, the plaintiff characterized the movement of the train that allegedly caused her to fall as a "jerk," but testified further that such movement was not an unusual occurrence. On this basis, the defendant Long Island Rail Road established its prima facie entitlement to judgment as a matter of law dismissing the complaint insofar as asserted against it (see Curley-Concepcion v New York City Tr. Auth., 276 AD2d 463 [2000]). In opposition, the plaintiff failed to raise a triable issue of fact.