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HERNANDEZ v. NEW YORK CITY TRANSIT AUTH.

210 A.D.2d 95 (1994)

620 N.Y.S.2d 40

Victor Hernandez, Appellant, v. New York City Transit Authority, Respondent, et al., Defendants

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

December 13, 1994

Defendant Transit Authority was not entitled to summary judgment where it failed to meet its burden of coming forward with admissible evidence demonstrating prima facie that the cause of action had no merit (Zuckerman v City of New York, 49 N.Y.2d 557, 562). Contrary to the IAS Court's assessment, the evidence given by the Transit Authority employees, based upon unsubmitted, unidentified Transit Authority records rather than personal...

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