George v. New York City Transit Authority

Order, Supreme Court, New York County (Robert D. Lippmann, J.), entered July 6, 2006, which granted defendant’s motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, the motion denied and the complaint reinstated.

Defendant’s argument that plaintiff was speculating as to the cause of her fall is irrelevant on the issue of notice. The record demonstrates that plaintiff, as found by this Court in its prior decision (306 AD2d 160 [2003]), “was injured as she descended from an elevated subway station during rush hour when she allegedly stepped onto…