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EDWARDS v. NEW YORK CITY TRANSIT AUTHORITY

17 A.D.3d 628 (2005)

794 N.Y.S.2d 109

GERALD EDWARDS et al., Respondents, v. NEW YORK CITY TRANSIT AUTHORITY, Appellant.

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

April 25, 2005.

Ordered that the order is affirmed, without costs or disbursements.

Where a defendant fails to meet its initial burden of establishing a prima facie case, it becomes unnecessary to consider whether the plaintiffs' papers in opposition to the defendant's motion were sufficient to raise a triable issue of fact (see Winegrad v New York Univ. Med. Ctr., 64 N.Y.2d 851 [1985]; Coscia v 938 Trading Corp.,

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