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MOSER v. NEW YORK CITY TR. AUTH.

Index No. 150373/15. Appeal No. 15453. Case No. 2021-00672.

204 A.D.3d 412 (2022)

163 N.Y.S.3d 810

2022 NY Slip Op 02229

Sean Moser, Respondent, v. New York City Transit Authority, Appellant.

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

Decided April 5, 2022.

Attorney(s) appearing for the Case

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

Pollack Pollack Isaac & DeCicco, LLP, New York ( Brian J. Isaac , of counsel) for respondent.

Concur—Kapnick, J.P., Gesmer, Oing, Singh, Scarpulla, JJ.

Plaintiff Sean Moser commenced this action claiming to have been injured when he slipped and fell as he descended stairway M11A at the subway station at Seventh Avenue and 42nd Street in Manhattan. The station was owned, operated, and maintained by defendant New York City Transit Authority. Plaintiff testified at his statutory hearing that he slipped because of "water coming from the bulkhead [overhead beam] onto the floor." He also testified that after he fell, he had water...

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