Malawer v. New York City Transit Authority
Cases that cite this one
12 later published cases cite this decision.
- Kadymir v. New York City Transit Authority (Appellate Division of the Supreme Court of New York 2008)
- Diosmaira v. New York City Tr. Auth. (Appellate Division of the Supreme Court of New York 2025)
- Watson v. New York City Tr. Auth. (Appellate Division of the Supreme Court of New York 2019)
- Defay v. City of New York (Appellate Division of the Supreme Court of New York 2019)
- Guzman v. New York City Tr. Auth. (Appellate Division of the Supreme Court of New York 2018)
- Grizzell v. JQ Associates (Appellate Division of the Supreme Court of New York 2013)
- Grizzell v. JQ Associates (Appellate Division of the Supreme Court of New York 2013)
- Cividanes v. City of New York (Appellate Division of the Supreme Court of New York 2012)
- Kearns v. Adirondack Trailways, Inc. (Appellate Division of the Supreme Court of New York 2009)
- Garcia-Martinez v. City of New York (Appellate Division of the Supreme Court of New York 2009)
- Wiley v. Briggs (Appellate Division of the Supreme Court of New York 2008)
- Diaz v. City of New York (Appellate Division of the Supreme Court of New York 2006)
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
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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.