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McMILLAN v. NEW YORK CITY TRANSIT AUTHORITY

38 A.D.3d 505 (2007)

833 N.Y.S.2d 103

SANDRA McMILLAN, Respondent, v. NEW YORK CITY TRANSIT AUTHORITY, Appellant.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided March 6, 2007.

Ordered that the order is affirmed, with costs.

The defendant established its entitlement to judgment as a matter of law, thereby shifting the burden to the plaintiff to submit admissible evidence raising a triable issue of fact (see Ferrante v American Lung Assn., 90 N.Y.2d 623 [1997]). In opposition to the defendant's motion, the plaintiff submitted admissible evidence raising a triable issue of fact as to the size of the...

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