GARCIA v. NEW YORK CITY TRANSIT AUTHORITY


40 A.D.3d 399 (2007)

835 N.Y.S.2d 575

WILLIAM GARCIA, Appellant, v. NEW YORK CITY TRANSIT AUTHORITY, Respondent.

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

Decided May 17, 2007.


Plaintiff's complaint and General Municipal Law § 50-h testimony gave fair notice of her claim that defendant's snow removal operations made the stairs more dangerous by piling snow high on both sides of the steps, leaving only a narrow path up the stairs that was covered with a thin, slippery layer of compressed snow, and preventing plaintiff from being able to reach a handrail to stop his fall. Given such a claim, and moving papers that are silent as to defendant's...

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