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DURNEY v. NEW YORK CITY TRANSIT AUTH.

249 A.D.2d 213 (1998)

671 N.Y.S.2d 262

James Durney et al., Appellants, v. New York City Transit Authority, Respondent

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

April 28, 1998

The motion was properly granted for lack of proof that defendant had actual notice of the condition that allegedly caused plaintiff to fall or constructive notice of that condition by reason of recurrence. At most, it was shown that defendant had a "`general awareness'" of the homeless people in the area and associated debris, which is "legally insufficient to constitute notice of the particular condition that caused plaintiff's...

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