Scaltro v New York City Tr. Auth.
2008 NY Slip Op 02571 [49 AD3d 709]
March 18, 2008
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 14, 2008


Madeline Scaltro, Respondent,
v
New York City Transit Authority, Appellant, et al., Defendant.

[*1] Wallace D. Gossett, Brooklyn, N.Y. (Lawrence Heisler of counsel), for appellant.

H. Bruce Fischer, P.C., New York, N.Y., for respondent.

In an action to recover damages for personal injuries, the defendant New York City Transit Authority appeals from an order of the Supreme Court, Kings County (Solomon, J.), dated September 20, 2006, which denied that branch of its motion which was for summary judgment dismissing the complaint insofar as asserted against it, with leave to renew upon the completion of discovery.

Ordered that the order is reversed, on the law, with costs, and that branch of the motion of the defendant New York City Transit Authority which was for summary judgment dismissing the complaint insofar as asserted against it is granted.

The defendant New York City Transit Authority made a prima facie showing of entitlement to judgment as a matter of law (see Trainer v City of New York, 41 AD3d 202 [2007]). In opposition, the plaintiff failed to raise a triable issue of fact (see Alvarez v Prospect Hosp., 68 NY2d 320 [1986]). Fisher, J.P., Miller, McCarthy and Chambers, JJ., concur.