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BATISTA v. NEW YORK CITY TRANSIT AUTHORITY

1135, 402078/06.

66 A.D.3d 433 (2009)

886 N.Y.S.2d 403

2009 NY Slip Op 7195

LUIS BATISTA, Respondent, v. NEW YORK CITY TRANSIT AUTHORITY, Appellant.

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

Decided October 8, 2009.

The assertion of plaintiff's expert that there were defects in the staircase on which plaintiff fell is insufficient to raise an issue of fact as to proximate cause, because there is no evidence connecting plaintiff's fall to those defects (Kane v Estia Greek Rest., 4 A.D.3d 189 [2004]; see also Telfeyan v City of New York, 40 A.D.3d 372

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