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Oka v. New York City Transit Authority

Appellate Division of the Supreme Court of New York, First Department
Dec 13, 2005
24 A.D.3d 222 (N.Y. App. Div. 2005)

Opinion

7362.

December 13, 2005.

Judgment, Supreme Court, New York County (Marilyn Shafer, J.), entered December 17, 2004, which, to the extent appealed from, upon the prior grant of defendant New York City Transit Authority's motion for summary judgment, dismissed the complaint as against that defendant, unanimously affirmed, without costs.

Before: Tom, J.P., Marlow, Gonzalez and Sweeny, JJ., concur.


The motion for summary judgment was properly granted since the record fails to provide any nonspeculative basis to support the inference necessary to plaintiff's claim against defendant Transit Authority, that one of its vehicles struck her ( see Zuckerman v. City of New York, 49 NY2d 557; see also Kane v. Estia Greek Rest., 4 AD3d 189).


Summaries of

Oka v. New York City Transit Authority

Appellate Division of the Supreme Court of New York, First Department
Dec 13, 2005
24 A.D.3d 222 (N.Y. App. Div. 2005)
Case details for

Oka v. New York City Transit Authority

Case Details

Full title:FUJICO OKA, Appellant, v. NEW YORK CITY TRANSIT AUTHORITY, Respondent, et…

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

Date published: Dec 13, 2005

Citations

24 A.D.3d 222 (N.Y. App. Div. 2005)
804 N.Y.S.2d 924