JAFFE v. NEW YORK CITY TRANSIT AUTHORITY


52 A.D.3d 784 (2008)

861 N.Y.S.2d 388

BETH JAFFE et al., Respondents, v. NEW YORK CITY TRANSIT AUTHORITY, Appellant.

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

Decided June 24, 2008.


Ordered that the order is reversed, on the law, with costs, and the defendant's motion for summary judgment dismissing the complaint is granted.

Contrary to the holding of the Supreme Court, the defendant made a prima facie showing that it neither created nor had actual or constructive notice of a dangerous condition on the subway car in question (see Simpson v City of New York Tr. Auth., 44 A.D.3d...

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