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New York Court of Appeals, 2006

Malawer v. New York City Transit Authority

Malawer v. New York City Transit Authority
New York Court of Appeals · Decided February 21, 2006 · Kaye and Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo, Read and R.S. Smith Concur in Memorandum
845 N.E.2d 1268; 6 N.Y.3d 800; 812 N.Y.S.2d 438 (North Eastern Reporter, Second Series)

Malawer v. New York City Transit Authority

Opinion

OPINION OF THE COURT

Memorandum.

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.

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