Appellate Division of the Supreme Court of New York, 1997

Pena v. New York City Transit Authority

Pena v. New York City Transit Authority
Appellate Division of the Supreme Court of New York · Decided March 13, 1997
237 A.D.2d 150; 655 N.Y.S.2d 357; 1997 N.Y. App. Div. LEXIS 2406
Pena v. New York City Transit Authority

Opinion of the Court

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.

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). Concur—Murphy, P. J., Williams, Tom and Mazzarelli, JJ.

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