Ceron v. City of New York
Cases that cite this one
2 later published cases cite this decision.
- Bingham v. New York City Transit Authority (N.Y. 2007)
- Bingham v. New York City Transit Authority (Appellate Division of the Supreme Court of New York 2001)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
—Order, Supreme Court, New York County (Lottie Wilkins, J.), entered May 18, 1999, which denied defendant-appellant’s motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, the motion granted, and the complaint dismissed as against New York City Transit Authority. The Clerk is directed to enter judgment in favor of defendant-appellant dismissing the claim as against it.
Defendant-appellant New York City Transit Authority proffered sufficient evidence that it was merely a common user and did not own, maintain, or control the area in dispute which was a foyer area near the top of a staircase. Summary judgment was warranted since plaintiff failed to demonstrate that the subject area’s sole function was to provide access to defendant’s subway station (Pena v New York City Tr. Auth., 237 AD2d 150). Concur — Tom, J. P., Mazzarelli, Ellerin, Lerner and Andrias, JJ.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.