DANIAROV v. NEW YORK CITY TRANSIT AUTHORITY


62 A.D.3d 480 (2009)

879 N.Y.S.2d 404

STELA DANIAROV, Respondent, v. NEW YORK CITY TRANSIT AUTHORITY, Appellant.

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

Decided May 12, 2009.


Defendant established its prima facie entitlement to judgment as a matter of law by submitting evidence including, inter alia, plaintiff's testimony that although there was no handrail to break her fall, she did not know how she fell or what caused her to slip.

In opposition, plaintiff submitted an affidavit from her expert, who, in contrast to plaintiff's testimony, found a handrail present at the point where plaintiff allegedly slipped, but asserted that alleged...

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