Mayer v. New York City Transit Authority

Order, Supreme Court, New York County (Robert D. Lippmann, J.), entered December 16, 2005, which, in an action for personal injuries sustained when plaintiff tripped over an electric extension cord on a subway platform, granted motions by defendants Transit Authority and renovation contractor Gottlieb for summary judgment dismissing the complaint, unanimously affirmed, without costs.

The Transit Authority showed good cause for the late filing of its motion (CPLR 3212 [a]), namely, the Clerk’s rejection of its prior timely motion because of confusion over the proper caption, in part caused by…