RODRIGUEZ v. NEW YORK CITY TRANSIT AUTHORITY

2010-01504.

81 A.D.3d 804 (2011)

916 N.Y.S.2d 525

REINA RODRIGUEZ, Respondent, v. NEW YORK CITY TRANSIT AUTHORITY, Appellant.

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

Decided February 15, 2011.


Ordered that the judgment is affirmed, with costs.

The defendant's contention that the Supreme Court improperly denied the admission of a certain photograph of the upper landing of the subject stairway taken some five years after the accident is without merit. The defendant failed to establish a proper foundation by showing that it was a fair and accurate representation of the condition of the landing on the date of the accident (see Moore v Leaseway Transp. Corp...

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