Dickens v. New York City Transit Authority

Appellate Division of the Supreme Court of New York

Dickens v. New York City Transit Authority

7 A.D.3d 403, 776 N.Y.S.2d 475, 2004 N.Y. App. Div. LEXIS 6982

Appellate Division of the Supreme Court of the State of New York·Decided May 18, 2004·Published·Cited by 1 cases

Opinion

Order, Supreme Court, New York County (Robert D. Lippmann, J.), entered April 26, 2002, which granted defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

The affidavit of plaintiffs expert was conclusory and unsupported by any factual basis, and thus was insufficient to raise a triable issue of fact with regard to the alleged defect in the stairway owned and maintained by defendant (see Diaz v New York Downtown Hosp., 99 NY2d 542 [2002]). We have considered plaintiffs other arguments and find them unavailing. Concur— Nardelli, J.P., Tom, Ellerin and Williams, JJ.

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Order, Supreme Court, New York County (Robert D. Lippmann, J.), entered April 26, 2002, which granted defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

The affidavit of plaintiffs expert was conclusory and unsupported by any factual basis, and thus was insufficient to raise a triable issue of fact with regard to the alleged defect in the stairway owned and maintained by defendant (see Diaz v New York Downtown Hosp., 99 NY2d 542 [2002]). We have considered plaintiffs other arguments and find them unavailing. Concur— Nardelli, J.P., Tom, Ellerin and Williams, JJ.

Dickens v. New York City Transit Authority, 7 A.D.3d 403, 776 N.Y.S.2d 475, 2004 N.Y. App. Div. LEXIS 6982 (N.Y. Ct. App. 2004).

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Opinion

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