Legal Opinion

Mariano v. New York City Transit Authority

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

Decided March 6, 2007PublishedCited by 6 opinions

1Opinion of the Court

Order, Supreme Court, Bronx County (Janice L. Bowman, J), entered September 1, 2006, which granted the motion by defendant Transit Authority (TA) for summary judgment dismissing the complaint as against it, unanimously affirmed, without costs.

The argument by defendant New York City Housing Authority (NYCHA) that the TA’s motion was unsupported by competent evidence, inasmuch as the depositions relied on by the movant were, inter alia, unsigned and uncertified, is raised for the first time on appeal and is thus unpreserved for review (see Sher v Scott, 203 AD2d 274 [1994]). As to the merits of…

2Cases cited4 opinions

  1. Garcia v. Bakemark Ingredients (East) Inc.Appellate Division of the Supreme Court of the State of New York · 2005
  2. Sher v. ScottAppellate Division of the Supreme Court of the State of New York · 1994
  3. Ferguson v. Honda Lease TrustAppellate Division of the Supreme Court of the State of New York · 2006
  4. Rosenberg v. Majestic Limousine Corp.Appellate Division of the Supreme Court of the State of New York · 2002

3Cited by6 opinions

  1. Iqbal v. ThaiAppellate Division of the Supreme Court of the State of New York · 2011
  2. Chautauqua County Department of Social Services v. Rita M.S.Appellate Division of the Supreme Court of the State of New York · 2012
  3. Garcia v. All Metro Health CareAppellate Division of the Supreme Court of the State of New York · 2013
  4. Jones v. Castro-TincoAppellate Division of the Supreme Court of the State of New York · 2009
  5. Garcia v. All Metro Health CareAppellate Division of the Supreme Court of the State of New York · 2013

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