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BOATWRIGHT v. NEW YORK CITY TRANSIT AUTHORITY

304 A.D.2d 421 (2003)

758 N.Y.S.2d 307

STANLEY BOATWRIGHT, 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 April 17, 2003.

Plaintiff was injured when he slipped and fell on a subway hatch installed in the sidewalk. The mere fact that the surface of the hatch was slippery when wet is insufficient to raise a triable issue as to negligence (Wasserstrom v New York City Tr. Auth., 267 A.D.2d 36, 37 [1999], lv denied 94 N.Y.2d 761 [2000]). The expert affidavit offered by plaintiff was of no value, since the expert's opinion was conclusory and was not...

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