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MARTIN v. CITY OF NEW YORK

4656, 305199/08.

82 A.D.3d 653 (2011)

919 N.Y.S.2d 330

GRETA MARTIN et al., Appellants, v. CITY OF NEW YORK et al., Respondents, et al., Defendant.

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

Decided March 29, 2011.

Defendants demonstrated their prima facie entitlement to judgment as a matter of law. Plaintiff testified at her deposition that she was unable to identify the cause of the fall (see Reed v Piran Realty Corp., 30 A.D.3d 319 [2006], lv denied 8 N.Y.3d 801 [2007]). Contrary to plaintiff's contention, the unsigned deposition transcript could be used as an admission...

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