Malawer v. New York City Transit Authority
New York Court of Appeals
Malawer v. New York City Transit Authority, 845 N.E.2d 1268 (N.Y. 2006)
6 N.Y.3d 800; 812 N.Y.S.2d 438
Kaye and Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo, Read and R.S. Smith Concur in Memorandum
Malawer v. New York City Transit Authority
Opinion
OPINION OF THE COURT
The order of the Appellate Division should be affirmed, with costs, and the certified question answered in the affirmative. Defendants owed a duty to plaintiff to stop at a place from which plaintiff could safely disembark and leave the area (see Miller v Fernan, 73 NY2d 844, 846 [1988]). A triable issue of fact exists whether defendants breached that duty.
Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo, Read and R.S. Smith concur in memorandum.
On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed, etc.
Reference
- Full Case Name
- Irving Malawer, Respondent, v. New York City Transit Authority Et Al., Appellants
- Cited By
- 13 cases
- Status
- Published