Durney v. New York City Transit Authority

Full title: JAMES DURNEY et al., Appellants, v. NEW YORK CITY TRANSIT AUTHORITY…

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Apr 28, 1998

249 A.D.2d 213 (N.Y. App. Div. 1998)

671 N.Y.S.2d 262

Opinion

April 28, 1998

Appeal from the Supreme Court, New York County (Robert Lippmann, J.).

The motion was properly granted for lack of proof that defendant had actual notice of the condition that allegedly caused plaintiff to fall or constructive notice of that condition by reason of recurrence. At most, it was shown that defendant had a "`general awareness'" of the homeless people in the area and associated debris, which is "legally insufficient to constitute notice of the particular condition that caused plaintiff's fall" ( Piacquadio v. Recine Realty Corp., 84 N.Y.2d 967, 969).

Concur — Sullivan, J.P., Rosenberger, Nardelli, Rubin and Andrias, JJ.