Chery v. New York City Transit Authority

—In an action to recover damages for personal injuries, the plaintiff appeals from an order and judgment (one paper) of the Supreme Court, Queens County (LaTorella, J.), dated January 15, 1998, which granted the defendant’s motion for summary judgment and dismissed the complaint.

Ordered that the order and judgment is affirmed, with costs.

The Supreme Court properly granted the defendant’s motion for summary judgment dismissing the complaint. There was no evidence to establish that the defendant either created or had actual or constructive notice of the allegedly dangerous condition which…