FROEHLICH v. NEW YORK CITY TRANSIT AUTHORITY


1 A.D.3d 245 (2003)

767 N.Y.S.2d 575

JAMES FROEHLICH, Respondent, v. NEW YORK CITY TRANSIT AUTHORITY, Appellant.

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

November 20, 2003.


While defendant maintains that it had no notice of the hazard to which plaintiff attributes his harm, i.e., an accumulation of water on the floor of one of its subway stations, and that summary judgment should therefore have been granted dismissing the complaint, triable issues as to notice are raised by plaintiff's evidence indicating that the complained-of hazard had been observed by another commuter some eight hours prior to plaintiff's accident (cf. Gordon v American...

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