Garfinkel v. Manhattan & Bronx Surface Transit Operating Authority

Order, Supreme Court, New York County (Robert D. Lippmann, J.), entered October 24, 2003, which, to the extent appealed from as limited by the briefs, granted cross motions by the municipal and Transit Authority defendants for summary judgment dismissing the complaint and all cross claims against them, unanimously affirmed, without costs.

Plaintiff fell when she got off a bus, but could not identify the cause of the accident. In her deposition testimony, she offered various possibilities, including a crack in the curb or a hole where the sidewalk had been torn up. This speculation did not…