DEUTSCH v. CITY OF NEW YORK

2053, 116105/03

69 A.D.3d 523 (2010)

893 N.Y.S.2d 771

2010 NY Slip Op 566

ISRAEL DEUTSCH, Appellants, v. CITY OF NEW YORK et al., Defendants, and NEW YORK CITY TRANSIT AUTHORITY, Respondent.

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

Decided January 26, 2010.


Assuming the report of plaintiff's expert should have been considered by the motion court on plaintiff's motion to renew, the report, which was based on an inspection of the steps conducted almost six years after the accident, does not raise an issue of fact as to causation. Plaintiff testified that he does not know why he fell, and the expert's opinion that plaintiff fell because of dangerously uneven riser heights is speculative in the absence of evidence tending to show...

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