Tovmasyan v New York City Tr. Auth.
2010 NY Slip Op 06240 [75 AD3d 638]
July 27, 2010
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, September 1, 2010


Sara Tovmasyan, Appellant,
v
New York City Transit Authority et al., Respondents.

—[*1] Souren A. Israelyan, New York, N.Y., for appellant.

Wallace D. Gossett, Brooklyn, N.Y. (Anita Isola of counsel), for respondents.

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Miller, J.), dated November 6, 2009, which denied her motion for summary judgment on the issue of liability.

Ordered that the order is affirmed, with costs.

Although the plaintiff established, prima facie, her entitlement to judgment as a matter of law on the issue of liability, in opposition, the defendants raised a triable issue of fact. Accordingly, the plaintiff's motion for summary judgment on the issue of liability was properly denied. Dillon, J.P., Balkin, Belen and Lott, JJ., concur.