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SOLTERO v. CITY OF NEW YORK

7189, 305833/09.

93 A.D.3d 578 (2012)

940 N.Y.S.2d 491

2012 NY Slip Op 2263

BLANCA SOLTERO, Respondent, v. CITY OF NEW YORK, Appellant.

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

Decided March 27, 2012.

Plaintiff established her entitlement to judgment as a matter of law by demonstrating that her fall from a two foot high ledge in a subway tunnel while she was working as part of a team of New York City Transit Authority employees who were replacing old tracks arose from the application of the force of gravity and the lack of an appropriate safety device (Runner v New York Stock Exch., Inc., 13 N.Y.3d 599, 604 [2009]). In opposition...

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