Lessey v. New York City Transit Authority

In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Kings County (Schmidt, J.), dated May 22, 2007, which denied its motion, in effect, for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

The plaintiff allegedly slipped and fell on an icy condition on an exterior staircase connecting an elevated subway station to the ground level. In this ensuing action to recover damages for *570personal injuries, following joinder of issue and certain discovery, the defendant moved, in effect, for summary…