Opinion
January 13, 2000
Order, Supreme Court, New York County (Robert Lippmann, J.), entered October 16, 1998, which, in an action for personal injuries sustained in a slip and fall on a stairway in defendant's subway station, granted defendant's motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.
Debra J. Wolf, for plaintiff-appellant.
Lawrence Heisler, for defendant-respondent.
ROSENBERGER, J.P., NARDELLI, ELLERIN, SAXE, BUCKLEY, JJ.
No issue of fact has been sufficiently raised as to whether defendant had notice of a piece of debris that allegedly caused plaintiff to fall down the stairway (see, Gordon v. American Museum of Natural History , 67 N.Y.2d 836, 837-838). Nor does plaintiff show a substantial likelihood that information material and necessary to the issue of constructive notice will be provided by any discovery still outstanding (see, Zollner v. City of New York, 204 A.D.2d 626, 627).
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.