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MATTER OF CHAMPION v. METROPOLITAN TRANSIT AUTHORITY

70 A.D.3d 587 (2010)

895 N.Y.S.2d 399

In the Matter of SHERRY LYNN CHAMPION, Respondent, v. METROPOLITAN TRANSIT AUTHORITY et al., Respondents, and MTA NEW YORK CITY TRANSIT et al., Appellants.

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

Decided February 25, 2010.

While petitioner has alleged sufficient facts to support her claim that respondents were negligent in operating the motor vehicle that caused her injury, she has failed to allege any facts supporting her negligent maintenance claim. Petitioner's requests for items 2 (d), (e), (f), (g), (h), (j), (k), (m) and (n) serve no purpose other than to determine whether facts exist to support a cause of action related to a defect in the motor vehicle or the attached plow, which is...

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