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WOLFF v. NEW YORK CITY TRANSIT AUTHORITY

21 A.D.3d 956 (2005)

801 N.Y.S.2d 345

JOHN WOLFF et al., Respondents, v. NEW YORK CITY TRANSIT AUTHORITY et al., Appellants, et al., Defendant.

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

September 12, 2005.

Ordered that the order is affirmed, with costs.

"The proponent of a summary judgment motion must make a prima facie showing of entitlement to judgment as a matter of law, tendering sufficient evidence to eliminate any material issues of fact" (Winegrad v. New York Univ. Med. Ctr., 64 N.Y.2d 851, 853 [1985]). Here, the plaintiff John Wolff allegedly was injured when he was struck...

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