Ginsberg v. New York City Transit Authority

Order, Supreme Court, New York County (Robert Lippmann, J.), entered June 17, 1997, which granted defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Defendant’s evidence that the turnstile area where plaintiff alleges he slipped and fell on a puddle of vomit had been cleaned no more than an hour and 45 minutes before the accident shifted to plaintiff the burden of coming forward with evidence as to how long the vomit had been there, or at least that it was there long enough for defendant to have discovered it and cleaned it up. This plaintiff…