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King v. New York City Transit Authority

Appellate Division of the Supreme Court of New York, Second Department
Nov 15, 1999
266 A.D.2d 354 (N.Y. App. Div. 1999)

Opinion

November 15, 1999

Wallace D. Gossett, Brooklyn, N.Y. (Lawrence Heisler of counsel), for appellant.

LAWRENCE J. BRACKEN, J.P., FRED T. SANTUCCI, MYRIAM J. ALTMAN, WILLIAM D. FRIEDMANN, HOWARD MILLER, JJ.


DECISION ORDER

In an action to recover damages for personal injuries, the defendant appeals from so much of an order of the Supreme Court, Queens County (Golia, J.), dated September 2, 1998, as denied that branch of its motion which was for summary judgment dismissing the complaint.

ORDERED that the order is reversed insofar as appealed from, on the law, with costs, that branch of the motion which was for summary judgment dismissing the complaint is granted, and the complaint is dismissed.

The plaintiff slipped and fell as she descended an exposed subway staircase during a heavy rainstorm. The plaintiff contends that the steps were slippery due to the rain.

The defendant established its entitlement to judgment as a matter of law, and the plaintiff failed to raise a material issue of fact to preclude summary judgment. To impose liability upon the defendant, there must be evidence tending to show the existence of a dangerous or defective condition and that the defendant either created the condition or had actual or constructive knowledge of it ( see, Gordon v. American Museum of Natural History, 67 N.Y.2d 836; Patrick v. Cho's Fruit Vegetables, 248 A.D.2d 692). The mere fact that the exposed staircase was wet from the rain is insufficient to establish a dangerous condition ( see, Patrick v. Cho's Fruit Vegetables, supra; Wessels v. Service Mdse., 187 A.D.2d 837; Marks v. Andros Broadway, 38 A.D.2d 926, affd 32 N.Y.2d 727; Bacon v. Altamont Farms, 33 A.D.2d 708, affd 27 N.Y.2d 936). There is no evidence to support a contention that the staircase was improperly designed or constructed ( see, Rosario v. New York City Tr. Auth., 215 A.D.2d 364).

BRACKEN, J.P., SANTUCCI, ALTMAN, FRIEDMANN, and H. MILLER, JJ., concur.


Summaries of

King v. New York City Transit Authority

Appellate Division of the Supreme Court of New York, Second Department
Nov 15, 1999
266 A.D.2d 354 (N.Y. App. Div. 1999)
Case details for

King v. New York City Transit Authority

Case Details

Full title:ROBIN KING, respondent, v. NEW YORK CITY TRANSIT AUTHORITY, appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Nov 15, 1999

Citations

266 A.D.2d 354 (N.Y. App. Div. 1999)
698 N.Y.S.2d 328

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