McGUIRE v. CITY OF NEW YORK

The City was properly dismissed from the action in view of plaintiff's positions that he slipped on either the street level step or second top step of a stairway leading down to a subway station, since, in either case, the accident occurred at a location incidental to or necessary for the operation of the subway station, and therefore on "lease property" within the meaning of the 1953 lease in which the City relinquished possession and control of all of its transit facilities to the Transit Authority (see, Mattera v. City of New York, 169 A.D.2d 759).

In light of the fact that discovery has not been completed, we grant the Transit Authority's motion to strike the note of issue.

Concur — Murphy, P.J., Sullivan, Rosenberger and Asch, JJ.