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BINGHAM v. NEW YORK CITY TRANSIT AUTHORITY

287 A.D.2d 411 (2001)

732 N.Y.S.2d 336

INA J. BINGHAM, Appellant, v. NEW YORK CITY TRANSIT AUTHORITY et al., Respondents.

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

Decided October 30, 2001.

Defendant New York City Transit Authority adduced evidence sufficient to establish that it did not own the stairway where plaintiff allegedly sustained injury, and that, as a mere common user of the stairway, it was under no duty to maintain the stairway for the benefit of its patrons (see, Ceron v City of New York, 277 A.D.2d 7, 8). Since plaintiff, in response to defendant's showing, failed to come forward with evidence sufficient...

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