Ginsberg v. New York City Transit Authority
Court: Appellate Division of the Supreme Court of the State of New York; February 23, 1998; New York; State Appellate Court
The Supreme Court of New York County, presided by Justice Robert Lippmann, issued an order on June 17, 1997, granting the defendant's motion for summary judgment to dismiss the plaintiff's complaint. The court found that the defendant provided sufficient evidence showing that the area where the plaintiff slipped on a puddle of vomit had been cleaned within 1 hour and 45 minutes prior to the incident. This evidence shifted the burden to the plaintiff to demonstrate how long the vomit had been present, or at least that it had been there long enough for the defendant to have discovered and cleaned it. The plaintiff failed to meet this burden. Additionally, the court noted that the defendant's general awareness of slippery conditions caused by vagrants did not establish liability. The motion for summary judgment, filed on March 30, 1997, was deemed timely under the amended CPLR 3212(a). The decision was affirmed unanimously, with no costs awarded. Justices Rosenberger, Wallach, Williams, and Tom concurred.