BATISTA v. NEW YORK CITY TRANSIT AUTHORITY (2009)

Supreme Court, Appellate Division, First Department, New York.

Luis BATISTA, Plaintiff-Respondent, v. The NEW YORK CITY TRANSIT AUTHORITY, Defendant-Appellant.

Decided: October 08, 2009

MAZZARELLI, J.P., FRIEDMAN, CATTERSON, RENWICK, ABDUS-SALAAM, JJ.

Wallace D. Gossett, Brooklyn (Lawrence Heisler of counsel), for appellant. Law Offices of Stuart M. Rissoff, Garden City (William R. Cohen of counsel), for respondent.

Order, Supreme Court, New York County (Donna M. Mills, J.), entered September 3, 2008, which, to the extent appealed from as limited by the brief, denied defendant's motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, and the motion granted. The Clerk is directed to enter judgment in favor of defendant dismissing the complaint.

The assertion of plaintiff's expert that there were defects in the staircase on which plaintiff fell is insufficient to raise an issue of fact as to proximate cause, because there is no evidence connecting plaintiff's fall to those defects (Kane v. Estia Greek Rest., 4 A.D.3d 189, 772 N.Y.S.2d 59 [2004]; see also Telfeyan v. City of New York, 40 A.D.3d 372, 836 N.Y.S.2d 71 [2007] ).

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