ORTEGA v. NEW YORK CITY TRANSIT AUTHORITY


262 A.D.2d 470 (1999)

692 N.Y.S.2d 131

REYNA ORTEGA et al., Respondents, v. NEW YORK CITY TRANSIT AUTHORITY, Appellant.

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

Decided June 14, 1999.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, that branch of the defendant's motion which was for summary judgment is granted, and the complaint is dismissed.

We agree with the defendant that the affidavits of a notice witness and an expert submitted by the plaintiffs in opposition to its motion for summary judgment should not have been considered by the Supreme Court (see, Salzo v Bedding Showcase, 238...

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