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ZIMMERMAN v. NEW YORK CITY TRANSIT AUTH.

115 A.D.2d 477 (1985)

Cynthia A. Zimmerman, Individually and as Executrix of Bertram Zimmerman, Deceased, Respondent, v. New York City Transit Authority, Appellant

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

December 2, 1985

Order affirmed, without costs or disbursements, and without prejudice to renewal upon completion of discovery.

Defendant's failure to make a prima facie showing that summary judgment is warranted in its favor "requires denial of the motion, regardless of the sufficiency of the opposing papers" (Winegrad v New York Univ. Med. Center, 64 N.Y.2d 851, 853). Furthermore, plaintiff has alleged that essential facts have not been...

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