Gleeson v. New York City Transit Authority
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order, Supreme Court, Bronx County (Larry S. Schachner, J.), entered July 20, 2009, which granted defendant’s summary judgment motion dismissing the complaint, unanimously affirmed, without costs.
Defendant met its prima facie burden of establishing its entitlement to summary judgment with evidence that there was a storm in progress at the time of the accident. Plaintiffs argument that the weather report submitted by defendant was inadmissible is improperly raised for the first time on appeal (see Mayblum v Schwarzbaum, 253 AD2d 380 [1998]). In any event, defendant’s employee’s testimony that…
2Cases cited7 opinions
- Valentine v. City of New YorkNew York Court of Appeals · 1982
- Valentine v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1982
- Joseph v. Pitkin Carpet, Inc.Appellate Division of the Supreme Court of the State of New York · 2007
- Barresi v. Putnam Hospital CenterAppellate Division of the Supreme Court of the State of New York · 2010
- Mayblum v. SchwarzbaumAppellate Division of the Supreme Court of the State of New York · 1998
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