Bennett v. New York City Transit Authority

New York Court of Appeals

Bennett v. New York City Transit Authority

821 N.E.2d 137, 3 N.Y.3d 745, 787 N.Y.S.2d 711, 2004 N.Y. LEXIS 3524

New York Court of Appeals·Decided November 18, 2004·Published·Cited by 2 cases

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. Plaintiffs notice of claim provided information sufficient to apprise defendant New York City Transit Authority of the place, time and nature of her accident in order to “investigate, collect evidence and evaluate the merit of [the] claim” (see Brown v City of New York, 95 NY2d 389, 392 [2000]). Moreover, triable issues of fact exist whether the Transit Authority had constructive notice that a continuing water condition existed on the platform of its subway station and negligently failed to remedy it.

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 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order affirmed, etc.

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OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs, and the certified question answered in the affirmative. Plaintiffs notice of claim provided information sufficient to apprise defendant New York City Transit Authority of the place, time and nature of her accident in order to “investigate, collect evidence and evaluate the merit of [the] claim” (see Brown v City of New York, 95 NY2d 389, 392 [2000]). Moreover, triable issues of fact exist whether the Transit Authority had constructive notice that a continuing water condition existed on the platform of its subway station and negligently failed to remedy it.

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 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order affirmed, etc.

Bennett v. New York City Transit Authority, 821 N.E.2d 137, 3 N.Y.3d 745, 787 N.Y.S.2d 711, 2004 N.Y. LEXIS 3524 (N.Y. 2004).

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821 N.E.2d 137 (Bennett v. New York City Transit Authority) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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