Earlier this week, a Manhattan judge dismissed subway stabbing victim Joseph Lozito's lawsuit against the NYPD, in which Lozito alleged that two officers failed to protect and aid him against a vicious attack from Brooklyn slasher Maksim Gelman in 2011. We spoke with Lozito on Friday, who says he's heartbroken over the judge's decision, and plans to appeal.

"When I got the news yesterday, it was just devastation," Lozito, who was stabbed by Gelman in the neck, face, hands and back in February 2011, while two transit officers stood only feet away from him in a locked motorman's cab, told us. "We were very disappointed." According to Manhattan judge Margaret Chan, the transit officers—who were reportedly searching for Gelman at the time—did not have an obligation to aid Lozito, as there was no evidence to suggest they knew he was in trouble. But Lozito, a father of two, says that's not the case, and that two people—including Gelman himself—had gotten the officers' attention, and they failed to protect both Lozito and the other people riding with him in the subway car.

I got on the train, and following me on the train were two uniformed police officers. They walked right into the engineer's cab. We sat there for a few minutes, finally they closed the door and train started moving. Out of the blue, a person gets up and starts banging on the engineer's door, says let me in. It was Maksim Gelman. [The cops] say, "Who are you?." He says, "I'm the police." They say, "You're not the police," and that was it. There was a gentleman standing next to me who recognizes Maksim Gelman. He started tapping on the cab door and waving, tapping and waving and looking over their shoulder, staring at Gelman, trying to get the police to come in. The rest of the car was just people. At this point I knew, something's up, something's going on."

Lozito says Gelman then approached him and told him, "You're going to die, you're going to die," before stabbing him. Lozito was miraculously able to pin him down, but only after Gelman served him several deep stab wounds; only then did the two cops, Terrance Howell and Tamara Taylor, intervene. Lozito, bleeding heavily, hoped someone would help him. "I'm just on the bench, bleeding out, watching my life pour out," he told us. "I sat for 20, 25 minutes bleeding to death, no police officer acknowledged me at all. It got to the point where a police officer walked past me, and I grabbed him by the wrist and asked, 'Do you have kids? I have two sons. I can't die on this train. You have to get me off this train.'"

Eventually, Lozito was treated by paramedics and taken to a nearby hospital, where he was informed his attacker, Gelman, had already murdered four people and stabbed several others. His wounds varied from small cuts to a deep gash on the back of his head that warranted 22 stitches and 20 staples. But Lozito says the extent of his injuries didn't stop at the stab wounds.

"The physical stuff has been easier part," Lozito told us. "But the psychological aspect of having someone try to kill you, and then having two people on the train who could have prevented the whole thing and didn't save me—that's been the more stressful part of this whole thing." And he had harsh words for the city, adding, "You have a man who's killed four people and attacked four others, he's on a subway car full of unarmed people. Those officers were on the train specifically to apprehend him. That day on the subway, the city of New York turned their back on me and other people, and with the judge yesterday, the law turned its back on me again."

He plans on appealing the judge's dismissal, and hopes he'll have his day in court. "I'm not done fighting. This is not where the story ends," Lozito said. "The corporation counsel took the coward's way out. They want no part of the embarrassment of having me testify in the courtroom, because I remember everything. I have the truth on my side, and [in court] I would have stood up to the officers just like I stood up to Maksim Gelman. I will win the appeal, get my chance to tell the truth to the entire world, and then I'll feel vindicated."

You can follow Lozito's fight on his Facebook page, Justice for Joe Lozito.