Nayman v. New York City Transit Authority

Full title: FRANCINE NAYMAN, Appellant, v. NEW YORK CITY TRANSIT AUTHORITY, Respondent

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

Date published: Jan 10, 2006

25 A.D.3d 376 (N.Y. App. Div. 2006)

2006 N.Y. Slip Op. 112

808 N.Y.S.2d 651

Opinion

7171.

January 10, 2006.

Order, Supreme Court, New York County (Robert D. Lippmann, J.), entered March 30, 2004, which, inter alia, granted defendant's motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Lisa M. Comeau, Mineola, for appellant.

Wallace D. Gossett, Brooklyn (Lawrence A. Silver of counsel), for respondent.

Before: Friedman, J.P., Sullivan, Nardelli, Williams and Sweeny, JJ., concur.

Even if the storm that resulted in the complained-of hazard had stopped by the time of plaintiff's accident, it is clear from plaintiff's testimony that the period of cessation was only about one hour, an interval too brief to have given rise to a legally enforceable duty on defendant's part to remediate the hazard ( see Valentine v. City of New York, 86 AD2d 381, affd 57 NY2d 932; and see e.g. Urena v. New York City Tr. Auth., 248 AD2d 377).