Rockowitz v. City of New York

—In an action to recover damages for personal injuries, etc., the defendant New York City Transit Authority appeals from an order of the Supreme Court, Kings County (Hutcherson, J.), dated September 25, 1997, which denied its motion, inter alia, for summary judgment dismissing the complaint insofar as asserted against it.

Ordered that the order is affirmed, with costs.

The plaintiff Lilly Rockowitz was allegedly injured when she slipped and fell on a rotten peach skin in a subway car.

Viewing the evidence in the light most favorable to the plaintiffs (see, Negri v Stop & Shop, 65 NY2d 625), we…