PRYZYWALNY v. NEW YORK CITY TRANSIT AUTHORITY

2009-00998

69 A.D.3d 598 (2010)

892 N.Y.S.2d 181

2010 NY Slip Op 125

EUGENIUSZ PRYZYWALNY, Appellant, v. NEW YORK CITY TRANSIT AUTHORITY, Respondent.

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

Decided January 5, 2010.


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

On December 20, 2001, the plaintiff allegedly was injured when he tripped on a defective step at the 59th Street subway station in Brooklyn.

A defendant owner or entity who is responsible for maintaining a premises who moves for summary judgment in a slip-and-fall or trip-and-fall case involving the property has the initial burden of making...

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