PEREZ v. NEW YORK CITY TRANSIT AUTHORITY


289 A.D.2d 119 (2001)

735 N.Y.S.2d 38

BASILIO PEREZ, 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.

Decided December 18, 2001.


We reject defendant's argument that the record does not support the finding that it had notice of the defective condition of the subway grate that caused plaintiff's trip and fall. An inference of such notice can be fairly drawn from the inspection report dated more than a year and a half prior to the accident indicating that the subway grating in the area of the accident was in need of repair, and the testimony of defendant's employee that there is no record of any repairs...

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