BELTRAN v. NEW YORK CITY TRANSIT AUTHORITY (2000)

Order, Supreme Court, New York County (Eileen Bransten, J.), entered February 1, 1999, which granted the motion of New York City Transit Authority (“NYCTA”) for summary judgment dismissing the complaint against it, unanimously reversed, on the law, without costs, the motion denied and the complaint reinstated, without prejudice to renewal upon completion of discovery.

Plaintiff sues to recover for injuries allegedly sustained when she slipped and fell on snow and ice situated on a sidewalk near stairs leading to an elevated subway platform.   Defendant NYCTA did not provide proof in admissible form that its employees did not create the subject snow condition.   Plaintiff, in her affidavit, stated that she saw a uniformed man shoveling and piling up snow at the accident site a few days earlier.   NYCTA failed to support, through an affidavit or other sworn testimony, its contention that the plaintiff's affidavit raised only a feigned issue or contradicted her 50-h testimony (see, Phillips v. Bronx Lebanon Hosp., 268 A.D.2d 318, 701 N.Y.S.2d 403;  Perez v. Paramount Communications, Inc., 247 A.D.2d 264, 668 N.Y.S.2d 619, Affd. 92 N.Y.2d 749, 686 N.Y.S.2d 342, 709 N.E.2d 83).   As such, plaintiff raised a triable issue of fact which precluded summary judgment.

MEMORANDUM DECISION.