Appellate Division of the Supreme Court of the State of New York January 28, 2016, 41 308585/11 (Cruz v. City of New York)

Order, Supreme Court, Bronx County (Julia I. Rodriguez, J.), entered May 21, 2014, which granted defendant Transit Authority’s motion for summary judgment dismissing the complaint as against it, unanimously affirmed, without costs.

Although defendant moved for summary judgment before producing a witness for deposition, the motion was not premature.