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MORRISSEY v. NEW YORK CITY TR. AUTH.

8523, 107086/09.

100 A.D.3d 464 (2012)

953 N.Y.S.2d 503

JANET MORRISSEY, Appellant, v. NEW YORK CITY TRANSIT AUTHORITY, Respondent.

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

November 13, 2012.

Defendant demonstrated its entitlement to summary judgment by submitting plaintiff's testimony establishing that she was unable to identify the cause of her injury and could only speculate as to the cause (see Smith v City of New York, 91 A.D.3d 456, 456-457 [1st Dept 2012]). To the extent her affidavit in opposition to defendant's motion varies from her testimony at the General Municipal Law § 50-h hearing and deposition, it...

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