BELTRAN v. NEW YORK CITY TRANSIT AUTHORITY

Plaintiff sues to recover for injuries allegedly sustained when she slipped and fell on snow and ice situated on a sidewalk near stairs leading to an elevated subway platform. Defendant NYCTA did not provide proof in admissible form that its employees did not create the subject snow condition. Plaintiff, in her affidavit, stated that she saw a uniformed man shoveling and piling up snow at the accident site a few days earlier. NYCTA failed to support, through an affidavit or other sworn testimony, its contention that the plaintiff's affidavit raised only a feigned issue or contradicted her 50-h testimony (see, Phillips v. Bronx Lebanon Hosp., 247 A.D.2d 264, 701 N.Y.S.2d 403; Perez v. Paramount Communications, Inc., 247 A.D.2d 264, Affd 92 N.Y.2d 749). As such, plaintiff raised a triable issue of fact which precluded summary judgment.

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