Opinion
3673.
Decided May 18, 2004.
Order, Supreme Court, New York County (Robert D. Lippmann, J.), entered April 26, 2002, which granted defendant's motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.
Ernest Dickens, appellant pro se.
Wallace D. Gossett, Brooklyn, (Anita Isola of counsel), for respondent.
Before: Nardelli, J.P., Tom, Ellerin, Williams, JJ.
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.