D'ambra v. N.Y.C. Transit Auth

In D'ambra v. N.Y.C. Transit Auth, 16 A.D.3d 101, 790 N.Y.S.2d 120 (1st Dept 2004) the First Department held that defendant had met its initial burden by providing maintenance records and testimony demonstrating that no defect was reported, investigated, or repaired. Id. With the burden shifted, plaintiff was unable to identify the defect that allegedly caused her injury, or even the existence of a defect. D'ambra, 16 A.D.3d 101, 790 N.Y.S.2d 120. Thus, summary judgment in favor of defendant was appropriate. Id.