Bingham v. New York City Transit Authority

—Order, Supreme Court, New York County (Robert Lippmann, J.), entered on or about October 9, 2000, which, inter alia, granted the motion of defendant New York City Transit Authority for summary judgment dismissing the complaint against it, unanimously affirmed, without costs.

Defendant New York City Transit Authority adduced evidence sufficient to establish that it did not own the stairway where plaintiff allegedly sustained injury, and that, as a mere common user of the stairway, it was under no duty to maintain the stairway for the benefit of its patrons (see, Ceron v City of New York, 277…