Rosario v. New York City Transit Authority

Order, Supreme Court, New York County (Robert D. Lippmann, J.), entered on or about August 26, 2003, which granted *148defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Defendant, by adducing evidence that it had no notice of the alleged hazard, i.e., a bottle covered with newspaper discarded on subway station stairs, carried its burden as summary judgment movant to demonstrate a prima facie entitlement to judgment, and plaintiff failed to meet its consequent burden to come forward with evidence sufficient to raise a triable issue of fact (cf.…