Summary
In McGuire, plaintiff's accident occurred at a location incidental to or necessary for the operation of the subway station; therefore the accident took place on "lease property" within the meaning of the 1953 lease in which the City relinquished possession and control of all of its transit facilities to Transit (Id.).
Summary of this case from RUFFIN v. CHASE MANHATTAN BANK, NAOpinion
January 10, 1995
Appeal from the Supreme Court, New York County (Leland DeGrasse, J.).
The City was properly dismissed from the action in view of plaintiff's positions that he slipped on either the street level step or second top step of a stairway leading down to a subway station, since, in either case, the accident occurred at a location incidental to or necessary for the operation of the subway station, and therefore on "lease property" within the meaning of the 1953 lease in which the City relinquished possession and control of all of its transit facilities to the Transit Authority (see, Mattera v. City of New York, 169 A.D.2d 759).
In light of the fact that discovery has not been completed, we grant the Transit Authority's motion to strike the note of issue.
Concur — Murphy, P.J., Sullivan, Rosenberger and Asch, JJ.