Legal Opinion
Boatwright v. New York City Transit Authority
Appellate Division of the Supreme Court of the State of New York
Decided April 17, 2003PublishedCited by 6 opinions
1Opinion of the Court
Order, Supreme Court, New York County (Robert Lippmann, J.), entered February 15, 2002, which granted defendants’ motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.
Plaintiff was injured when he slipped and fell on a subway hatch installed in the sidewalk. The mere fact that the surface of the hatch was slippery when wet is insufficient to raise a triable issue as to negligence (Wasserstrom v New York City Tr. Auth., 267 AD2d 36, 37 [1999], lv denied 94 NY2d 761 [2000]). The expert affidavit offered by plaintiff was of no value, since the expert’s…
2Cases cited4 opinions
- Contreras v. Zabar'sAppellate Division of the Supreme Court of the State of New York · 2002
- Mosher v. Town of OppenheimAppellate Division of the Supreme Court of the State of New York · 1999
- Radaelli v. City of TroyAppellate Division of the Supreme Court of the State of New York · 1996
- Cornwell v. Oits Elevator Co.Appellate Division of the Supreme Court of the State of New York · 2000
3Cited by6 opinions
- Rochford v. City of YonkersAppellate Division of the Supreme Court of the State of New York · 2004
- Siegfried v. West 63 Empire Associates, LLCAppellate Division of the Supreme Court of the State of New York · 2016
- Velocci v. Stop & ShopAppellate Division of the Supreme Court of the State of New York · 2020
- Velocci v. Stop & ShopAppellate Division of the Supreme Court of the State of New York · 2020
- Minor v. East Harlem Tutorial Program, Inc.Appellate Division of the Supreme Court of the State of New York · 2020
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