Reeves v. New York City Transit Authority
Cases that cite this one
3 later published cases cite this decision.
- Vittorio v. U-Haul Co. (Appellate Division of the Supreme Court of New York 2008)
- Friedman v. Beth David Cemetery (Appellate Division of the Supreme Court of New York 2005)
- Corrado v. City of New York (Appellate Division of the Supreme Court of New York 2004)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
In an action to recover damages for personal injuries, etc., the defendant appeals from an order of the Supreme Court, Kings County (Hutcherson, J.), dated July 13, 1999, which denied its motion for summary judgment dismissing the complaint.
Ordered that the order is affirmed, with costs.
The proponent of a motion for summary judgment must make a prima facie showing of entitlement to judgment as a matter of law, and the failure to sustain that initial burden requires the denial of the motion (see, Alvarez v Prospect Hosp., 68 NY2d 320; Zuckerman v City of New York, 49 NY2d 557, 562). Contrary to the defendant’s contention, it failed to sustain its burden of offering sufficient evidence as to the trivial nature of the alleged defect in the subway station flooring where the injured plaintiff fell (see, Trincere v County of Suffolk, 90 NY2d 976). Accordingly, the Supreme Court properly denied the motion. Santucci, J. P., Sullivan, McGinity and Luciano, JJ., concur.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.