| Myers v New York City Tr. Auth. |
| 2008 NY Slip Op 02888 [50 AD3d 263] |
| April 1, 2008 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Linda Myers, Appellant, v New York City Transit Authority et al., Respondents. |
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Krez & Peisner, LLP, New York (Jon E. Newman of counsel), for respondents.
Judgment, Supreme Court, New York County (Marylin G. Diamond, J.), entered November 21, 2006, upon a jury verdict in defendants' favor, unanimously affirmed, without costs.
Plaintiff was injured when she fell while walking on a subway platform that was being retiled. During plaintiff's direct case, she called, among others, a mechanical engineer employed by defendant Transit Authority, and although plaintiff should have been permitted to use leading questions in examining the employee of an adverse party (see Jordan v Parrinello, 144 AD2d 540, 541 [1988]), and ask him questions as an expert with respect to the renovation project he was supervising (see Lippel v City of New York, 281 AD2d 327, 328 [2001]), the record does not establish that the trial court's erroneous rulings on these issues deprived plaintiff of access to favorable evidence or otherwise prejudiced her. Nor was plaintiff prejudiced by a pretrial ruling limiting her use of the employee's deposition testimony for impeachment purposes (see Gogatz v New York City Tr. Auth., 288 AD2d 115 [2001]), and the trial record does not demonstrate that plaintiff was precluded from offering any particular portion of the employee's deposition testimony for any purpose as evidence in her case-in-chief (CPLR 3117 [a] [2]). The record further fails to support plaintiff's contention that the court ruled that she could not use enlarged [*2]photographs of the alleged defective condition during the trial, but rather shows that plaintiff abandoned the request. Concur—Lippman, P.J., Tom, Williams and Acosta, JJ.