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MARIANO v. NEW YORK CITY TRANSIT AUTHORITY

38 A.D.3d 236 (2007)

831 N.Y.S.2d 155

SANDRA MARIANO, Plaintiff, v. NEW YORK CITY TRANSIT AUTHORITY et al., Respondents, and NEW YORK CITY HOUSING AUTHORITY, Appellant, et al., Defendant.

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

Decided March 6, 2007.

The argument by defendant New York City Housing Authority (NYCHA) that the TA's motion was unsupported by competent evidence, inasmuch as the depositions relied on by the movant were, inter alia, unsigned and uncertified, is raised for the first time on appeal and is thus unpreserved for review (see Sher v Scott, 203 A.D.2d 274 [1994]). As to the merits of the motion, the deposition testimony and documentary evidence established...

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