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MATTER OF NEHAM v. NEW YORK CITY TR. AUTH.

2019-03919. Index No. 702535/18.

202 A.D.3d 965 (2022)

159 N.Y.S.3d 710

2022 NY Slip Op 01026

In the Matter of Jeffrey Neham, Respondent, v. New York City Transit Authority, Appellant.

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

Decided February 16, 2022.

Attorney(s) appearing for the Case

Anna Ervolina, Brooklyn, NY (Harriet Wong of counsel), for appellant.

Litman Law Firm, Woodbury, NY (Jeffrey Litman of counsel), for respondent.

Chambers, J.P., Christopher, Zayas and Dowling, JJ., concur.

Ordered that the order is reversed, on the law, with costs, the petition and the motion are denied, and the proceeding is dismissed.

The petitioner alleges that he was injured when he slipped and fell due to an accumulation of water leaking from the ceiling onto the landing at the top of an escalator in a subway station. The petitioner commenced this proceeding against the New York City Transit Authority (hereinafter the Transit Authority) seeking to direct the Transit...

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