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CHERNIN v. NEW YORK CITY METROPOLITAN TRANSIT AUTHORITY

52 A.D.3d 763 (2008)

861 N.Y.S.2d 123

ROMAN CHERNIN, Respondent, v. NEW YORK CITY METROPOLITAN TRANSIT AUTHORITY et al., Appellants. (And a Third-Party Action.)

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

Decided June 24, 2008.

Ordered that the order is affirmed, with costs.

In support of that branch of their motion which was for summary judgment dismissing the complaint, the defendants failed to meet their prima facie burden of establishing entitlement to judgment as a matter of law (see Alvarez v Prospect Hosp., 68 N.Y.2d 320, 324 [1986]; Winegrad v New York Univ. Med. Ctr., 64 N.Y.2d 851, 853 [1985]...

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