Morrissey v. New York City Transit Authority

Order, Supreme Court, New York County (Michael D. Stall-man, J), entered August 2, 2011, which granted defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Defendant demonstrated its entitlement to summary judgment by submitting plaintiffs testimony establishing that she was unable to identify the cause of her injury and could only speculate as to the cause (see Smith v City of New York, 91 AD3d 456, 456-457 [1st Dept 2012]). To the extent her affidavit in opposition to defendant’s motion varies from her testimony at the General Municipal Law §…