Appellate Division of the Supreme Court of New York, 1995

Cannon v. New York City Transit Authority

Cannon v. New York City Transit Authority
Appellate Division of the Supreme Court of New York · Decided March 23, 1995
213 A.D.2d 303; 624 N.Y.S.2d 829; 1995 N.Y. App. Div. LEXIS 3036
Cannon v. New York City Transit Authority

Opinion of the Court

—Order, Supreme Court, New York County (Walter Tolub, J.), entered on or about August 26, 1994, which granted defendant Transit Authority’s motion for summary judgment dismissing the complaint as against it, unanimously affirmed, without costs.

Plaintiff’s proof of causation consists entirely of an unsworn report of a civil engineer, which does not constitute evidentiary proof in admissible form (Rue v Stokes, 191 AD2d 245, 246-247). Concur—Rosenberger, J. P., Rubin, Ross, Nardelli and Williams, JJ.

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