Ruocco v. New York City Transit Authority

—Order, Supreme Court, New York County (Alfred Toker, J.), entered February 4, 1993, which denied the motion of the defendant-appellant New York City Transit Authority for summary judgment pursuant to CPLR 3212, unanimously reversed, on the law, the defendant-appellant’s motion is granted and the complaint is hereby dismissed, without costs.

Injured plaintiffs Robert Ruocco and Michael Falcone are police officers. The officers allegedly sustained injuries when they slipped and fell down a flight of stairs leading into the subway station located at the corner of Essex and Delancey Streets in…