DICKENS v. NEW YORK CITY TR. AUTH

The affidavit of plaintiff's expert was conclusory and unsupported by any factual basis, and thus was insufficient to raise a triable issue of fact with regard to the alleged defect in the stairway owned and maintained by defendant ( see Diaz v. New York Downtown Hosp., 99 N.Y.2d 542). We have considered plaintiff's other arguments and find them unavailing.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.