WRIGHT v. NEW YORK CITY TRANSIT AUTHORITY


309 A.D.2d 800 (2003)

765 N.Y.S.2d 521

HUGH WRIGHT 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 October 14, 2003.


Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

As the party seeking summary judgment, the defendant had the affirmative burden of demonstrating its entitlement thereto as a matter of law (see Sutherland v Whylie, 292 A.D.2d 518 [2002]; Smith v AT&T Resource Mgt. Corp., 259 A.D.2d 480 [1999]). The defendant satisfied...

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