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LIOUNIS v. NEW YORK CITY TRANSIT AUTHORITY

2010-09883.

92 A.D.3d 643 (2012)

938 N.Y.S.2d 176

2012 NY Slip Op 934

LAUREN LIOUNIS, Respondent, v. NEW YORK CITY TRANSIT AUTHORITY et al., Defendants, and MOUSSA ZLITA, Appellant.

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

Decided February 7, 2012.

Ordered that the judgment is affirmed, with costs.

"`To be entitled to judgment as a matter of law pursuant to CPLR 4401, a defendant has the burden of showing that there is no rational process by which the jury could find in favor of the plaintiff and against the moving defendant'" (Delaney v Delaney, 83 A.D.3d 647, 648 [2011], quoting Velez v Goldenberg, 29 A.D.3d 780, 781 [2006...

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