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BATISTA v. N.Y. CITY TRANSIT AUTH

Appellate Division of the Supreme Court of New York, First Department.
Oct 8, 2009

The assertion of plaintiffs expert that there were defects in the staircase on which plaintiff fell is insufficient to raise an issue of fact as to proximate cause, because there is no evidence connecting plaintiffs fall to those defects ( Kane v Estia Greek Rest., 4 AD3d 189; see also Telfeyan v City of New York, 40 AD3d 372).