COLON v. NEW YORK CITY TR. AUTH.

2019-14159. Index No. 512083/16.

201 A.D.3d 867 (2022)

157 N.Y.S.3d 789

2022 NY Slip Op 00398

Carmelo Colon, Appellant, v. New York City Transit Authority, Respondent.

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

Decided January 26, 2022.


Attorney(s) appearing for the Case

David J. Hernandez , Brooklyn, NY, for appellant.

Anna Ervolina , Brooklyn, NY ( Timothy J. O'Shaughnessy of counsel), for respondent.

Connolly, J.P., Hinds-Radix, Miller and Genovesi, JJ., concur.


Ordered that the order is affirmed, with costs.

The plaintiff commenced this action to recover damages for personal injuries. The plaintiff testified at a General Municipal Law § 50-h hearing and his deposition that he slipped and fell while descending a staircase to an underground subway station on January 23, 2016. The plaintiff further testified at the 50-h hearing that it was snowing at the time that he slipped,

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