Defendant failed to meet its burden of demonstrating its entitlement to qualified immunity since it submitted only its own memorandum stating that the maximum permissible horizontal gap between a subway train and straight platform is six inches without citing any basis for this standard. Defendant presented no evidence that "a public planning body considered and passed upon the same question of risk" that would go to a jury (Jackson v New York City Tr. Auth.,
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SANCHEZ v. CITY OF NEW YORK
5381, 407220/07.
85 A.D.3d 580 (2011)
926 N.Y.S.2d 52
2011 NY Slip Op 5352
BRUNILDA SANCHEZ, Respondent, v. CITY OF NEW YORK, Defendant, NEW YORK CITY TRANSIT AUTHORITY, Appellant.
Appellate Division of the Supreme Court of New York, First Department.https://leagle.com/images/logo.png
Decided June 21, 2011.
Decided June 21, 2011.
Appellate Division of the Supreme Court of New York, First Department.
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