SIMPSON v. CITY OF NEW YORK TRANSIT AUTHORITY


44 A.D.3d 930 (2007)

844 N.Y.S.2d 108

JOAN SIMPSON, Appellant, v. CITY OF NEW YORK TRANSIT AUTHORITY, Respondent, et al., Defendant.

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

Decided October 23, 2007.


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

The plaintiff slipped on a wet step as she attempted to descend the rear stairwell of a bus operated by the defendant New York City Transit Authority, sued herein as City of New York Transit Authority (hereinafter the defendant). The parties are in agreement that the accident occurred during an ongoing, heavy rainstorm.

The defendant made a prima facie showing of the absence of actual...

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