Opinion
June 1, 1998
Appeal from the Supreme Court, Kings County (Hutcherson, J.).
Ordered that the order is reversed insofar as appealed from, on the law, with costs, the motion is granted, the complaint is dismissed insofar as asserted against the defendant Long Island Rail Road, and the action against the remaining defendants is severed.
The plaintiff allegedly slipped and fell while descending a staircase at the Flatbush Avenue terminal of the defendant Long Island Rail Road (hereinafter the LIRR). The plaintiff contends that the stairs were wet and that the treads on the stairs were so worn as to render the stairs slippery and unsafe. However, the evidence submitted by the plaintiff failed to support that contention and raise a question of fact as to whether the staircase constituted a dangerous condition or, if it did, whether the LIRR had constructive notice of such a condition ( see, Rosario v. New York Tr. Auth., 215 A.D.2d 364; Mooney v. Turner, 35 A.D.2d 674).
Accordingly, the Supreme Court should have granted the motion of the LIRR for summary judgment dismissing the complaint insofar as asserted against it.
O'Brien, J. P., Pizzuto, Joy and Florio, JJ., concur.