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TAKLE v. NEW YORK CITY TRANSIT AUTHORITY

14 A.D.3d 608 (2005)

787 N.Y.S.2d 904

GEORGES Y. TAKLE et al., Respondents, v. NEW YORK CITY TRANSIT AUTHORITY et al., Appellants, et al., Defendants.

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

January 24, 2005.

Ordered that the order is affirmed insofar as appealed from, with costs.

The defendants New York City Transit Authority and Salvatore J. Marotta failed to make a prima facie showing of entitlement to judgment as a matter of law (see generally Alvarez v Prospect Hosp., 68 N.Y.2d 320, 324 [1986]). Triable issues of fact exist, inter alia, as to how the subject incident occurred, whether Marotta was faced with an emergency situation...

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