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REID v. CITY OF NEW YORK

36 A.D.3d 784 (2007)

828 N.Y.S.2d 224

DONNA REID, Appellant, v. CITY OF NEW YORK et al., Respondents.

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

Decided January 23, 2007.

Ordered that the order is reversed, on the law, with one bill of costs, and the motions for summary judgment dismissing the complaint are denied.

The Supreme Court improperly granted the summary judgment motion of the defendant New York City Transit Authority (hereinafter the Transit Authority), because it failed to establish its prima facie entitlement to judgment as a matter of law (see Alvarez v Prospect Hosp., 68 N.Y.2d 320<...

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