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MARCELLE v. NEW YORK CITY TRANSIT AUTHORITY

289 A.D.2d 459 (2001)

735 N.Y.S.2d 580

EMMA MARCELLE et al., Appellants, v. NEW YORK CITY TRANSIT AUTHORITY, Respondent.

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

Decided December 24, 2001.

Ordered that the order is affirmed, with costs.

The defendant established its prima facie entitlement to summary judgment dismissing the complaint as the plaintiffs' deposition testimony failed to show that there was an unsafe condition on the stairs which was created by the defendant or of which it had actual or constructive notice (see, Marku v 33 S & P Realty Corp., 251 A.D.2d 633). In opposition, the plaintiffs submitted...

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