DeLEON v. NEW YORK CITY TRANSIT AUTHORITY


5 A.D.3d 531 (2004)

772 N.Y.S.2d 874

GWENDOLYN DELEON, Respondent, v. NEW YORK CITY TRANSIT AUTHORITY, Appellant.

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

March 15, 2004.


Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

The plaintiff slipped on an object she described as a chips' bag or snack bag and fell down the stairs of a subway station. She did not see the bag prior to her fall. The plaintiff commenced this action against the New York City Transit Authority (hereinafter the TA) alleging, inter alia, that it negligently permitted the stairway to remain in a debris...

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