CASTILLO v. NEW YORK CITY TRANSIT AUTHORITY

2009, 110092/04

69 A.D.3d 487 (2010)

891 N.Y.S.2d 645

2010 NY Slip Op 380

JOSE CASTILLO, Respondent, v. NEW YORK CITY TRANSIT AUTHORITY et al., Appellants.

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

Decided January 19, 2010.


The evidence submitted by defendants was insufficient to establish as a matter of law that plaintiff solely caused his accident in this slip-and-fall matter or that defendants did not create the alleged water-and-debris hazard and lacked actual or constructive notice of it. Not only did defendants fail to offer specific evidence as to their activities on the day of the accident, but the defendant church acknowledged that it maintained and cleaned the premises daily, with...

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