Defendant, by adducing evidence that it had no notice of the alleged hazard, i.e., a bottle covered with newspaper discarded on subway station stairs, carried its burden as summary judgment movant to demonstrate a prima facie entitlement to judgment, and plaintiff failed to meet its consequent burden to come forward with evidence sufficient to raise a triable issue of fact (cf. Giuffrida v Metro N. Commuter R.R. Co.,
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ROSARIO v. NEW YORK CITY TRANSIT AUTHORITY
8 A.D.3d 147 (2004)
778 N.Y.S.2d 281
ROLANDO ROSARIO et al., Appellants, v. NEW YORK CITY TRANSIT AUTHORITY, Respondent.
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
June 22, 2004.
June 22, 2004.
Appellate Division of the Supreme Court of the State of New York, First Department.
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