ROSARIO v. NEW YORK CITY TR. AUTH

Defendant, by adducing evidence that it had no notice of the alleged hazard, i.e., a bottle covered with newspaper discarded on subway station stairs, carried its burden as summary judgment movant to demonstrate a prima facie entitlement to judgment, and plaintiff failed to meet its consequent burden to come forward with evidence sufficient to raise a triable issue of fact ( cf. Giuffrida v. Metro N. Commuter RR. Co., 279 A.D.2d 403). Although plaintiffs urge that the motion be denied to permit additional discovery, they have advanced no non-speculative basis to believe that additional discovery might yield evidence warranting a different disposition ( see Hernandez v. Yonkers Constr. Co., 292 A.D.2d 422, 424).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.