Ernest Dickens v New York City Transit Authority

Dickens v New York City Tr. Auth. 2004 NY Slip Op 03956 [7 AD3d 403] May 18, 2004 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, July 28, 2004

Ernest Dickens, Appellant,
v
New York City Transit Authority, Respondent.

—[*1]Order, Supreme Court, New York County (Robert D. Lippmann, J.), entered April 26, 2002, which granted defendant's motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

The affidavit of plaintiff's expert was conclusory and unsupported by any factual basis, and thus was insufficient to raise a triable issue of fact with regard to the alleged defect in the stairway owned and maintained by defendant (see Diaz v New York Downtown Hosp., 99 NY2d 542 [2002]). We have considered plaintiff's other arguments and find them unavailing. Concur—Nardelli, J.P., Tom, Ellerin and Williams, JJ.