Legal Opinion

Seleznyov v. New York City Transit Authority

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

Decided January 21, 2014Published

1Opinion of the Court

*498NYCTA failed to establish entitlement to judgment as a matter of law in this action where plaintiff was injured when she slipped and fell on debris as she descended the stairs at a subway station. NYCTA did not show the absence of actual or constructive notice of the condition that allegedly caused plaintiff to fall. Although the affidavit from NYCTA’s employee shows that the stairs were cleaned in accordance with a cleaning schedule, the employee averred that she began cleaning after the accident, and NYCTA did not submit any evidence showing when the stairway was last cleaned or inspected…

2Cases cited4 opinions

  1. Winegrad v. New York University Medical CenterNew York Court of Appeals · 1985
  2. Harrison v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2012
  3. Gautier v. 941 Intervale Realty LLCAppellate Division of the Supreme Court of the State of New York · 2013
  4. Kwitny v. Westchester Towers Owners Corp.Appellate Division of the Supreme Court of the State of New York · 2008

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