Justice Michael Stallman
Defendants, including the New York City Transit Authority (NYCTA), moved to dismiss the complaint against them in this personal injury action by Franklin arising from a slip-and-fall near a bus stop. Franklin alleged she was walking toward the bus stop when she slipped on snow and ice, and sustained injuries. The court found that the NYCTA and the Manhattan and Bronx Surface Transit Operating Authority failed to meet their prima facie burden for summary judgment. It noted that while the entities were not legally responsible for maintenance or repair of, or snow or ice removal from, public streets and sidewalks, they failed to show they did not undertake to perform snow removal there. As there were no affidavits of persons with knowledge—and there were no records search performed by these entities, the only ones who would have information regarding if either entity performed snow removal in the area—judgment was denied. Further, the court ruled as there was an issue of fact as to the exact place Franklin fell, Abner Properties also failed to meet its prima facie burden for entitlement to judgment as it failed to prove it had no duty to maintain the sidewalk.
