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HABERLIN v. NEW YORK CITY TRANSIT AUTH.

210 A.D.2d 122 (1994)

621 N.Y.S.2d 843

Evelyn Haberlin, Respondent, v. New York City Transit Authority, Appellant, et al., Defendant

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

December 15, 1994

There is a question of fact as to the precise location of plaintiff's accident and the condition of the location, which may be within the knowledge of the NYCTA employee who was present at the time of the occurrence even though she did not witness it. Under these circumstances, summary judgment is premature and the plaintiff should be allowed to examine the NYCTA...

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