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Pena v. New York City Transit Authority

Appellate Division of the Supreme Court of New York, First Department
Mar 13, 1997
237 A.D.2d 150 (N.Y. App. Div. 1997)

Opinion

March 13, 1997.

Order, Supreme Court, New York County (Robert Lippmann, J.), entered on or about January 25, 1996, which granted defendant's motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Before: Murphy, P.J., Williams, Tom and Mazzarelli, JJ.


Summary judgment was properly granted because defendant had no duty to maintain the premises where the accident occurred. There is no merit to Plaintiffs' contention that the subject stairway's sole function was to provide access to defendant's subway station. The record establishes that the stairway was used in common by the stores in the passageway ( compare, Garcia v Arbern Realty Co., 89 AD2d 616, with Haberlin v New York City Tr. Auth., 228 AD2d 383).


Summaries of

Pena v. New York City Transit Authority

Appellate Division of the Supreme Court of New York, First Department
Mar 13, 1997
237 A.D.2d 150 (N.Y. App. Div. 1997)
Case details for

Pena v. New York City Transit Authority

Case Details

Full title:HECTOR M. PENA et al., Appellants, v. NEW YORK CITY TRANSIT AUTHORITY…

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

Date published: Mar 13, 1997

Citations

237 A.D.2d 150 (N.Y. App. Div. 1997)
655 N.Y.S.2d 357