Brough v. New York City Transit Authority

Appellate Division of the Supreme Court of New York

Brough v. New York City Transit Authority

216 A.D.2d 432, 628 N.Y.S.2d 537, 1995 N.Y. App. Div. LEXIS 6464

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 19, 1995

StatusPublished

This text of 216 A.D.2d 432 (Brough v. New York City Transit Authority) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Brough v. New York City Transit Authority, 216 A.D.2d 432, 628 N.Y.S.2d 537, 1995 N.Y. App. Div. LEXIS 6464 (N.Y. Ct. App. 1995).

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Opinion

In an action to recover damages for personal injuries, the defendant appeals from so much of an order of the Supreme Court, Queens County (Golar, J.), dated December 9, 1993, as denied its motion for summary judgment.

Ordered that the order is affirmed insofar as appealed from, with costs.

We agree with the Supreme Court that there remains an issue of fact as to whether the defendant owned, operated, maintained, or controlled the stairway where the plaintiff fell. Summary judgment was thus properly denied (see, Fortson v New York City Tr. Auth.,111 AD2d 58). Balletta, J. P., Thompson, Santucci, Altman and Hart, JJ., concur.

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In an action to recover damages for personal injuries, the defendant appeals from so much of an order of the Supreme Court, Queens County (Golar, J.), dated December 9, 1993, as denied its motion for summary judgment.

Ordered that the order is affirmed insofar as appealed from, with costs.

We agree with the Supreme Court that there remains an issue of fact as to whether the defendant owned, operated, maintained, or controlled the stairway where the plaintiff fell. Summary judgment was thus properly denied (see, Fortson v New York City Tr. Auth.,111 AD2d 58). Balletta, J. P., Thompson, Santucci, Altman and Hart, JJ., concur.

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Bluebook (online)

216 A.D.2d 432, 628 N.Y.S.2d 537, 1995 N.Y. App. Div. LEXIS 6464, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brough-v-new-york-city-transit-authority-nyappdiv-1995.

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