Allen v. N.Y.C. Transit Auth.

1 Citing case

  1. Blake v. N.Y.C. Transit Auth.

    217 A.D.3d 914 (N.Y. App. Div. 2023)   Cited 1 times

    Here, the evidence submitted by the Transit defendants failed to eliminate triable issues of fact as to whether Canty exercised reasonable care to avoid the accident and whether his actions were a proximate cause of the accident (seeMohammed v. City of New York, 206 A.D.3d at 989, 168 N.Y.S.3d 894 ). The Transit defendants also failed to establish, prima facie, that Canty was faced with an emergency situation not of his own making (seeFergile v. Payne, 202 A.D.3d 928, 931, 163 N.Y.S.3d 216 ; Allen v. New York City Tr. Auth., 192 A.D.3d 951, 952, 141 N.Y.S.3d 325 ; cf. Weber v. Monsey New Sq. Trails Corp., 191 A.D.3d 929, 138 N.Y.S.3d 379 ). Since the Transit defendants failed to meet their prima facie burden, the Supreme Court properly denied their motion for summary judgment, regardless of the sufficiency of the opposing papers (seeWinegrad v. New York Univ. Med. Ctr., 64 N.Y.2d 851, 853, 487 N.Y.S.2d 316, 476 N.E.2d 642 ).