GUTIERREZ v. NEW YORK CITY TRANSIT AUTHORITY


59 A.D.3d 260 (2009)

874 N.Y.S.2d 1

MARIA GUTIERREZ, Respondent, v. NEW YORK CITY TRANSIT AUTHORITY, Appellant.

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

Decided February 19, 2009.


Summary judgment was properly denied in this action where plaintiff was injured when she tripped and fell while descending a subway stairway and placing her foot in the area of a step where a substantial piece of screwed-in metal nosing was missing. Defendant failed to meet the burden of showing not only that it did not create the defective condition, but also that it had no constructive notice of the defective condition because it was not "visible and apparent" and did not...

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