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GLEESON v. NEW YORK CITY TRANSIT AUTHORITY

3082, 301851/08.

74 A.D.3d 616 (2010)

905 N.Y.S.2d 26

JOHN GLEESON, Appellant, v. NEW YORK CITY TRANSIT AUTHORITY, Respondent.

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

Decided June 17, 2010.

Defendant met its prima facie burden of establishing its entitlement to summary judgment with evidence that there was a storm in progress at the time of the accident. Plaintiff's argument that the weather report submitted by defendant was inadmissible is improperly raised for the first time on appeal (see Mayblum v Schwarzbaum, 253 A.D.2d 380 [1998]). In any event, defendant's employee's testimony that it was snowing at the...

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