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CLOTTER v. NEW YORK CITY TRANSIT AUTHORITY

1488, 24263/03

68 A.D.3d 518 (2009)

2009 NY Slip Op 9271

892 N.Y.S.2d 320

JUANITA CLOTTER, Respondent, v. NEW YORK CITY TRANSIT AUTHORITY, Appellant, et al., Defendant.

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

Decided December 15, 2009.

The trial evidence established that plaintiff fell due to a defect on a stairway leading into a Transit Authority subway entrance. The cause of the defect was adequately established by plaintiff and her expert by use of, inter alia, plaintiff's photographs (see Hoerner v Chrysler Fin. Co., L.L.C., 21 A.D.3d 1254, 1255 [2005]). We find no fault with the method used by plaintiff's expert, which defendant's expert also used.

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