Haelein v. New York City Transit Authority

Full title: PAULETTE HAELEIN, Respondent, v. NEW YORK CITY TRANSIT AUTHORITY, Appellant

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

Date published: Jun 22, 1999

262 A.D.2d 208 (N.Y. App. Div. 1999)

691 N.Y.S.2d 767

Opinion

June 22, 1999.

Appeal from the Supreme Court, New York County (Robert Lippmann, J.).

The deposition testimony of plaintiff and defendant's witness does not establish, as a matter of law, the absence of circumstances upon which defendant would be chargeable with constructive notice of the debris that is alleged to have caused plaintiff's fall. Defendant has not established, as it must in order to obtain summary judgment, that plaintiff will be unable to satisfy her burden at trial of proving the existence of a dangerous condition that caused the accident.

Concur — Sullivan, J. P., Mazzarelli, Lerner, Rubin and Saxe, JJ.