Opinion
Argued January 8, 1981
Decided February 10, 1981
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, IRWIN M. SILBOWITZ, J.
Frederic Lewis for appellant.
Steve S. Efron, Helen R. Cassidy and John A. Murray for respondent.
MEMORANDUM.
The order of the Appellate Division should be affirmed, with costs.
The judgment in favor of plaintiff was properly reversed and the complaint dismissed. As a matter of law there was insufficient evidence of any negligence on the part of the Transit Authority to permit the case to go to the jury.
Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur in memorandum.
Order affirmed.