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Rosario v. New York City Transit Authority
8 A.D.3d 147
| N.Y. App. Div. | 2004
|
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Order, Supreme Court, New York County (Robert D. Lippmann, J.), entered on or about August 26, 2003, which granted *148defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Defendant, by adducing evidence that it had no notice of the alleged hazard, i.e., a bottle covered with newspaper discarded on subway station stairs, carried its burden as summary judgment movant to demonstrate a prima facie entitlement to judgment, and plaintiff failed to meet its consequent burden to come forward with evidence sufficient to raise a triable issue of fact (cf. Giuffrida v Metro N. Commuter R.R. Co., 279 AD2d 403 [2001]). Although plaintiffs urge that the motion be denied to permit additional discovery, they have advanced no nonspeculative basis to believe that additional discovery might yield evidence warranting a different disposition (see Hernandez v Yonkers Contr. Co., 292 AD2d 422, 424 [2002]). Concur— Buckley, P.J., Tom, Saxe, Sullivan and Friedman, JJ.

Case Details

Case Name: Rosario v. New York City Transit Authority
Court Name: Appellate Division of the Supreme Court of the State of New York
Date Published: Jun 22, 2004
Citation: 8 A.D.3d 147
Court Abbreviation: N.Y. App. Div.
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