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TAYLOR v. NEW YORK CITY TRANSIT AUTHORITY

8 A.D.3d 658 (2004)

779 N.Y.S.2d 233

LILLIE TAYLOR, Respondent, v. NEW YORK CITY TRANSIT AUTHORITY, Appellant.

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

June 28, 2004.

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

The plaintiff allegedly slipped and fell on ice on the exterior stairway of an elevated subway station. The defendant established its entitlement to judgment as a matter of law, thereby shifting the burden to the defendant to submit admissible evidence establishing a triable issue of fact (see Winegrad v New York Univ. Med. Ctr.,

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