GRILLO v. NEW YORK CITY TRANSIT AUTH.


214 A.D.2d 648 (1995)

625 N.Y.S.2d 293

Joseph Grillo et al., Respondents, v. New York City Transit Authority, Appellant

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

April 17, 1995


Ordered that the judgment is reversed, on the law, with costs, and the complaint is dismissed.

At the close of the evidence, counsel for the defendant moved to dismiss the complaint on the ground that the plaintiffs had failed, as a matter of law, to establish that it had had notice of the icy condition on which the plaintiff had fallen. The Supreme Court denied the motion. We reverse.

Even when viewed in the light most favorable to the plaintiff, the evidence...

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