MaCauley v. New York City Transit Authority

Appellate Division of the Supreme Court of New York

MaCauley v. New York City Transit Authority

247 A.D.2d 592, 668 N.Y.S.2d 498, 1998 N.Y. App. Div. LEXIS 1763

CourtAppellate Division of the Supreme Court of the State of New York

DecidedFebruary 23, 1998

StatusPublished

This text of 247 A.D.2d 592 (MaCauley v. New York City Transit Authority) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

MaCauley v. New York City Transit Authority, 247 A.D.2d 592, 668 N.Y.S.2d 498, 1998 N.Y. App. Div. LEXIS 1763 (N.Y. Ct. App. 1998).

Pincite

Opinion

In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Kings County (Hutcherson, J.), dated February 20, 1997, which denied its motion for summary judgment dismissing the complaint.

Ordered that the order is reversed, on the law, with costs, the defendant’s motion for summary judgment is granted, and the complaint is dismissed.

The Supreme Court improperly denied the defendant’s motion for summary judgment dismissing the complaint. The affidavit of the nonparty witness, submitted by the plaintiff in opposition to the motion, was insufficient to establish an issue of fact as to whether the defendant created the allegedly dangerous condition which caused the plaintiff to slip and fall, or had actual or constructive notice thereof (see, Gordon v American

Museum of Natural History, 67 NY2d 836).

Bracken, J. P., Copertino, Santucci, Florio and McGinity, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI