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LESSEY v. NEW YORK CITY TR. AUTH.

2007-06060.

2008 NY Slip Op 06288

LAURIS LESSEY, respondent, v. NEW YORK CITY TRANSIT AUTHORITY, appellant.

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

Decided July 15, 2008.

Attorney(s) appearing for the Case

Wallace D. Gossett, Brooklyn, N.Y. (Anita Isola of counsel), for appellant.

Bauman, Kinkis & Ocasio-Douglas, P.C. (Arnold E. DiJoseph, P.C., New York, N.Y. [Arnold E. DiJoseph III], of counsel), for respondent.

Before: PETER B. SKELOS, J.P., HOWARD MILLER, EDWARD D. CARNI, CHERYL E. CHAMBERS, JJ.

DECISION & ORDER

ORDERED that the order is affirmed, with costs.

The plaintiff allegedly slipped and fell on an icy condition on an exterior staircase connecting an elevated subway station to the ground level. In this ensuing action to recover damages for personal injuries, following joinder of issue and certain discovery, the defendant moved, in effect, for summary judgment dismissing the complaint. The Supreme Court denied the motion. We affirm.

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