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

Appellate Division of the Supreme Court of the State of New York·Decided June 19, 1995·Published

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.

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).

Pincite

216 A.D.2d 432 (Brough v. New York City Transit Authority) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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