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GARFINKEL v. MANHATTAN AND BRONX SURFACE TRANSIT OPERATING AUTHORITY

8 A.D.3d 118 (2004)

778 N.Y.S.2d 271

PHYLLIS GARFINKEL, Appellant, v. MANHATTAN AND BRONX SURFACE TRANSIT OPERATING AUTHORITY et al., Respondents, et al., Defendants.

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

June 15, 2004.

Plaintiff fell when she got off a bus, but could not identify the cause of the accident. In her deposition testimony, she offered various possibilities, including a crack in the curb or a hole where the sidewalk had been torn up. This speculation did not create a factual issue warranting trial (Thomas v Our Lady of Mercy Med. Ctr., 289 A.D.2d 37, 38 [2001]). Although plaintiff contends that her affidavit in opposition, citing a cracked...

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